HomeMy WebLinkAboutBID - 5917 UTILITY SERVICE CENTER ROOFING PROJECTSPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
UTILITY SERVICE CENTER
ROOFING PROJECT
BID NO, 5917
BID OPENING:
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
MAY 23, 2005 - 3:00 P.M. (OUR CLOCK)
described on the Drawings or specified in the Specifications without
consideration of possible substitute or "or equal" items. Whenever it is
indicated on the Drawings or specified in the Specifications that a
substitute or "or equal" item of material or equipment may be furnished or
used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective
date of the Agreement". The procedure for submittal of any such
application by CONTRACTOR and consideration by Engineer is set forth in the
General Conditions which may be supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of
principal subcontractors he proposes to use in the Work. Refer to Section
00430 contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable
objection to any proposed Subcontractor, either may, before the Notice of
Award is given, request the apparent successful Bidder to submit an
acceptable substitute without an increase in Bid price. If the apparent
successful Bidder declines to make any substitution, OWNER may award the
contract to the next lowest responsive and responsible Bidder that proposes
to use acceptable subcontractors. Subcontractors, suppliers, other persons
or organization listed and to whom OWNER or Engineer does not make written
objection prior to the giving of the Notice of Award will be deemed
acceptable to OWNER and ENGINEER subject to revocation of such acceptance
after the effective date of the Agreement as provided in the General
Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor,
supplier or other persons or organizations against whom he has reasonable
objection. The use of subcontractors listed by the Bidder and accepted by
OWNER prior to the Notice of Award will be required in the performance of
the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may
be retained by the Bidder. A separate unbound copy is enclosed for
submission with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on
the form must be stated in words and numerals; in case of conflict, words
will take precedence. Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other appropriate officer accompanied by
evidence of authority to sign) and the corporate seal shall be affixed and
attested by the secretary or an assistant secretary. The corporate address
and state of incorporation shall be shown below the corporate name.
12/03 Section 00100 Page 4
36 ECIDC GENERAL CONDITIONS 1910-9 (1990 Edition)
w%CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
EXHIBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the parties:
16.1. All claims, disputes and other matters in
question between OWNER and CONTRACTOR arising
out of or relating to the Contract Documents or the breach
thereof (except for claims which have been waived by the
making or acceptance of final payment as provided by
paragraph 14.15) will be decided by arbitration in
accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then
obtaining, subject to the limitations of the Article 16. This
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute
or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9.11 will be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thirty-first day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date. No demand for
arbitration of any such claim, dispute or other matter will
be made later than thirty days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9.11; and the failure
to demand arbitration within said thirty days' period will
result in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR. If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to the parties concerned. No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9.10,
16.3. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for information. The demand for
arbitration will be made within the thirty -day or ten-day
period specified in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen, and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the
applicable statute of limitations.
E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
16.4. Except as provided in paragraph 16.5 below,
no arbitration arising out of or relating to the Contract
Documents shall include by consolidation, joinder or in any
other manner any other person or entity (including
ENGINEER, ENGINEER's Consultant and the officers,
directors, agents, employees or consultants of any of them)
who is not a party to this contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among
those who are already parties to the arbitration, and
16.4.2. such other person or entity is substantially
involved in a question of law or fact which is common
to those who are already parties to the arbitration and
which will arise in such proceedings, and
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between OWNER
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by paragraph 6.11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR involving the Work of such
Subcontractor. Nothing in this paragraph 16.5 nor in the
provision of such subcontract consenting to joinder shall
create any claim, right or cause of action in favor of
Subcontractor and against OWNER, ENGINEER or
ENGINEER's Consultants that does not otherwise exist.
16.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof, and it will not be subject to
modification or appeal.
16.7. OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules of the American
Arbitration Association prior to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16.2 and 16.3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the termination of the mediation. The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed.
GC -AI
FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) GC -AI
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General
Conditions of the Construction Contract (EJCDC General Conditions
1910-8, 1990 edition with City of Fort Collins modifications) and
other provisions of the Contract Documents as indicated below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as
follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have
limits of $1,000,000 combined single limits (CSL). This policy
will include coverage for Explosion, Collapse, and Underground
coverage unless waived by the Owner.
5.4.6The Comprehensive Automobile Liability Insurance policy will
have limits of $1,000,000 combined single limits (CSL).
5.4.9This policy will include completed operations
coverage/product liability coverage with limits of $1,000,000
combined single limits (CSL).
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule 20 days lost due
to abnormal weather conditions.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
9/99
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: UTILITY SERVICE CENTER ROOFING PROJECT; BID NO. 5917
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER 0.00
TOTAL PENDING CHANGE ORDER 0.00
TOTAL THIS CHANGE ORDER 0.00
TOTAL o OF THIS CHANGE ORDER
TOTAL C.O.o OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST $ 0.00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY:
Project Manager
REVIEWED BY:
Title:
APPROVED BY:
Title:
APPROVED BY:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
DATE:
DATE:
DATE:
DATE:
9/99 Section 00950 Page 1
Section 00960
Application for Payment
Insert pages 1 - 4
APPLICATION FOR PAYMENT
PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT:
APPLICATION NUMBER.
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR:
PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS
Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as follows:
1
2
Original Contract Amount:
3
Net Change by Change Order:
Current contract Amount:
$0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage:
$0.00
Less Retainage:
Net Change by Change Order $0.00
AMOUNT DUE THIS APPLICATION:
$0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
CONTRACT AMOUNTS
Bid
Item
Number Description Quantity Units Unit Price Amount
APPLICATION FOR PAYMENT
Work Completed Work Completed
This Month Previous Periods
Qty. Amount Qty. Amount
Work Completed
To Date
Qty. Amount
Stored
Materials
This
Period
PAGE 2 OF 4
Total
Earned Percent
To Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
moo
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$D.DD
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00.
TOTALS $0.00
$0.00
$0.00
$0.00
$0.00
11.4. Bids by partnerships must be executed in the partnership name and
signed by a partner, his title must appear under his signature and the
official address of the partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the
joint venture or by an authorized agent of each participant. The full name
of each person or company interested in the Bid shall be listed on the Bid
Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda
(the numbers of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by
erasures, interpolations, or otherwise will be acceptable unless each such
alteration is signed or initialed by the Bidder; if initialed, OWNER may
require the Bidder to identify any alteration so initialed.
11.8. The address and telephone number for communications regarding the
Bid shall be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the
Invitation to Bid and shall be enclosed in an opaque sealed envelope marked
with the Project title, Bid No., and name and address of the Bidder and
accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders
Qualifications, and Schedule of Subcontractors as required in Section
00430. If the Bid is sent through the mail or other delivery system, the
sealed envelope shall be enclosed in a separate envelope with the notation
"BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time
and date for receipt of Bids indicated in the Invitation to Bid, or any
extension thereof made by addendum. Bids received after the time and date
for receipt of Bids will be returned unopened. Bidder shall assume full
responsibility for timely delivery at the location designated for receipt
of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and
will not receive consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under
different names will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
12/03 Section 00100 Page 5
CHANGE ORDERS
APPLICATION FOR PAYMENT
PAGE 3 OF 4
Work Completed
Work Completed
Work Completed
Stored
Bid
This Month
Previous Periods
To Date
Materials
Total
Item
This
Earned Percent
Number Description Quantity Units
Unit Price Amount
Qty. Amount
Qty. Amount
Qty. Amount
Period
To Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS CHANGE ORDERS
$0.00
$0.00
$0.00
$0.00
$0.00
PROJECT TOTALS
$0.00
$0.00
$0.00
$0.00
$0.00
STORED MATERIALS SUMMARY
On Hand Received
Item Invoice Previous This
Number Number Description Application Period
PAGE 4 OF 4
Installed On Hand
This This
Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00
$0.00 $0.00
SECTION 0020
SUMMARY OF WORK
PART1 GENERAL
1.01 SECTION INCLUDES
A. Site location
B. Project description.
C. Scope of work
D. Work Sequence.
1.02 SITE LOCATION
A. All roof areas are located at the City of Fort Collins Utility Service Center at 700
Wood Street, Fort Collins, Colorado.
1.03 PROJECT DESCRIPTION
A. Contractor shall furnish and install a 50 mil Duro-Last single -ply membrane roofing
system that is fabricated of a polyester fabric and has a thermoplastic coating of
thermoplastic material laminated to both sides as manufactured by system supplier.
Membrane shall be Energy Star certified with a 3 year test of 86% reflectivity.
B. Contractor shall be responsible for removing the existing Ballast (where existing)
from the rooftop where the new roofing membrane will be installed. Owner will
provide suitable truck for material and will haul off.
C. Contractor shall mechanically attach insulation as per Duro-Last requirements.
Attachment to the roof deck to be only through the high portion of the ribbed metal
deck so as to minimize the possibility of conduit penetration. In the case of Gypsum
substrate, suitable anchors approved by the membrane manufacturer will be
required
A. The following areas are included in this project. The CONTRACTOR is required to
verify the square footage, roof protrusions, scrubbers, and any other information
required for their bid prior to submitting a bid :
1. Warehouse Roof
Approximate area: 37,400 s.f.
Existing Roof: Gypsium Substrate, 2 layers of 1 'Y2 inch ISO insulation, Fully
Adhered EPDM membrane
a) Prepare, clean, and cut existing membrane
b) Remove four existing roof drains and install Duro-Last drain boots.
c) Install Duro-Last roofing system per Manufacturer's Specifications
2005 Utility Service Center
Roof Project 0020-1 Summary of Work
April 2005
2. Water Dock Roof
Approximate Area: 4,200 s.f.
Existing Roof: Gypsium Substrate, BUR, Gravel
a) Remove gravel and prepare BUR in accordance with manufacturers
specifications.
b) Install manufacturer approved recovery board
c) Remove two existing roof drains and install Duro-Last boot drains
d) Install Duro-last roofing system per Manufacturers Specifications
3. "Wall Street" Roof
Approximate Area: 7,000 s.f.
Existing Roof: Metal Deck, 2 layers 1 '/2 inch ISO, loose EPDM, River Rock ballast
a) Remove ballast
b) Clean and slice existing membrane
c) Remove 8 existing drains and install Duro-Last boot drains
d) Remove and reinstall existing concrete walk pads with new sleeper pads
e) Install Duro-Last roofing system per Manufacturers Specifications
4. "Traffic Ops" Roof
Approximate Area: 3,800 s.f.
Existing Roof: Gypsum substrate, BUR, Gravel ballast
a) Remove ballast and prepare BUR in accordance with manufacturer's
specification.
b) Install EPS taper system providing a minimum of 1/8 inch per foot slope
c) Remove two existing roof drains and install Duro-Last drain boots.
d) Install manufacturer approved separator sheet.
e) Remove and reinstall existing concrete walk pads with new sleeper pads
f) Install Duro-last roofing system per Manufacturers Specifications
5. Alternate "A" Light and Power Roof
Approximate Area: 6,700 s.f.
Existing Roof: Metal Deck, 2 layers 1 '/2 inch ISO, loose EPDM, River rock ballast
a) Remove ballast
b) Clean and slice existing membrane
c) Remove two existing roof drains and install Duro-Last drain boots.
d) Remove and reinstall existing concrete walk pads with new sleeper pads
e) Install Duro-Last roofing system per Manufacturer's Specifications
1.05 WORK SEQUENCE
A. A Work Sequence will be submitted to the OWNER prior to commencement of
work. Work shall be sequenced to minimize traffic over newly resurfaced
portions of the roof. Construction of the project shall begin within seven (7)
calendar days of the date of Notice -to -Proceed.
B. The CONTRACTOR is required to coordinate work with the Utility Service Center
Building Superintendent.
PART 2 PRODUCTS (Not Applicable)
2005 Utility Service Center
Roof Project 0020-2 Summary of Work
April 2005
PART 3 EXECUTION (Not Applicable)
END OF SECTION
2005 Utility Service Center
Roof Project 0020-3 Summary of Work
April 2005
SECTION 7540
THERMOPLASTIC MEMBRANE ROOFING
PART1 GENERAL
1.1 Project Specific Information
A. Requirements of Regulatory Agencies
Membrane and related items shall be classified by Underwriters Laboratories,
Inc. as a Class A Sheathing Material for use in construction of Class A
coverings and amendments.
B. Roofing Contractor's Qualifications
Contractor shall submit work history data of successful warranted installation
experience of the system specified. The contractor shall further provide
written proof from the manufacturer that contractor is a Master Elite
Contractor having installed at least 50,000 squares in the previous two years
with an average grade of 90 or greater.
2. The contractor shall provide adequate qualified workmen who are thoroughly
trained in the crafts and techniques required to properly install the type of
roofing system proposed for use and other work required to complete the
work specified within the specified time.
3. The contractor shall have an experienced, pre -qualified, thoroughly trained
superintendent having experience installing the roof system specified, who is
familiar with the requirements of this project, on the job at all times when
roofing system work is in progress. Training for superintendent shall include
certification of completion of manufacturer's in-house training course and on -
site training.
C. Requirements of the Membrane manufacturer
1. All components of the roofing system shall conform to the current published
specifications and details of the membrane manufacturer.
2. There shall be no deviation made from this specification without prior written
approval of the membrane manufacturer and building owner or his/her duly
appointed representative.
3. The Thermoplastic membrane shall be produced by Duro-Last Roofing, Inc.
with no exceptions.
2005 Utility Service Center
Roof Project 7540-1 Thermoplastic Membrane Roofing
April 2005
4. Provide primary flexible sheet factory roofing system from a single
manufacturer, which has successfully manufactured raw materials into
specified products for not less than five (5) years. No secondary private labels
are acceptable. Provide secondary materials, such as but limited to insulation,
gypsum board, vapor barriers, etc. as recommended and approved by
manufacturer of primary materials.
5. Products primary and secondary shall be manufactured in the United States.
D. Field Inspection
The Owner reserves the right to retain, at the Owner's expense, an
independent inspection service to provide full-time inspection of the roofing
system installation. The inspector shall have free access to the work area.
2. The contractor shall arrange for the membrane manufacturer to provide
inspection of the roofing system installation. Upon completion of the
installation, an inspection shall be made by a Quality Assurance Specialist of
the membrane manufacturer at no extra charge to the building owner or
contractor. The inspection is to ascertain that the visible elements of the
roofing system have been installed in accordance with the membrane
manufacturer's published specifications and details
E. Defective Work
Should the roofing system not be approved by the manufacturer's technician,
correcting the defective work shall be done by the contractor until the roofing system
satisfactorily meets all the specifications and manufacturer's requirements.
Corrective work will be done AT NO ADDITIONAL EXPENSE TO THE OWNER.
F. Guarantees
The contractor shall warrant the roof application with respect to workmanship
and proper application for one (1) year from the date of acceptance by the
membrane manufacturer. Should any leaks covered under the warranty occur
during this period, corrective action will be taken by the contractor to repair
the roof to the satisfaction of the owner and membrane manufacturer. ALL
CORRECTIVE WORK WILL BE DONE AT NO COST TO THE OWNER.
2. The warranty shall be full roofing system repair and/or replacement fifteen
(15) year warranty covering materials and labor. The warranty shall be a no -
dollar limit type and provide for completion of repairs or total replacement of
the "roofing system" at the then current material and labor prices throughout
the life of the warranty. If manufacturer's warranty contains exclusions for
2005 Utility Service Center
Roof Project 7540-2 Thermoplastic Membrane Roofing
April 2005
ponded water or consequential damages, manufacturer will be required to
furnish notice from their insurance provider of intent to provide an insurance
rider that covers consequential or incidental damages resulting from failure of
factory and installation workmanship, roofing material, roofing components,
or ponding water within 15 year warranty period and without dollar limit for
the specifically named project, properly identified by name, address, and
installing contractor, accompanied by manufacturer's notarized guarantee to
pay all related premiums or a manufacturer's authorized officer will complete
the affidavit waiving those exclusions for this project by specified installer.
Contractor will be required to provide by bid opening date a manufacturer's
sample warranty without specified exclusions, the proposed manufacturer's
insurance rider as described above or a completed affidavit exactly as written
on the sample provided. The manufacturer shall provide Certification of
financial stability enough to insure the value of their warranty in order to
protect the interests of the owner.
3. No work shall be done on said roof, including but without limitations,
openings made for flues, vents, drains, sign braces, or other equipment
fastened to or set on the roof, unless the Contractor or membrane
manufacturer is notified first. Contractor or membrane manufacturer shall be
given the opportunity to make the necessary roofing application
recommendations with respect thereto, and require such recommendations are
complied with. Failure to observe this condition shall render the warranty
null and void. The contractor or membrane manufacturer shall be paid for
time and material expended in making recommendations or repairs
occasioned by the work of others on said roof.
4. Corrective measures on leaks shall be undertaken by the Contractor or
membrane manufacturer within seventy-two (72) hours after notification has
been delivered by the Owner.
G. Weight Requirements
The total weight of the installed roofing system including all accessories, i.e: screws,
plates, etc., shall not exceed 25 pounds per square. Insulation weight varies
according to R-value desired.
H. Mechanical Attachment
Deck membrane shall be fastened with approved fasteners, 12 inches on
center along bottom of all parapet walls, elevation changes and perimeter
edges.
2. Deck membrane shall be fastened around cut-outs with approved fasteners 12
inches on center or a minimum of 1 per round penetration having a diameter
of not more than 6 inches.
2005 Utility Service Center
Roof Project 7540-3 Thermoplastic Membrane Roofing
April 2005
1.2 SUBMITTALS
A. Required Submittals to the Owner
Written confirmation from membrane manufacturer, that the installer is an
approved Master Elite Contractor/Applicator.
2. Manufacturer's literature on the following items:
a.
Roofing membrane
b.
Parapet flashings
C.
Pipe flashing
d.
Urethane sealant
C.
Termination bar
f.
Breathable 2-way vents
g.
Self -leveling pourable sealer
h.
Maintenance & repair instructions
i.
Sample warranty
3. Six inch long samples of the following:
a.
1 3/" Metal fascia cover
b.
Termination Bar
C.
Sample of membrane
d.
Mechanical fasteners
e.
Lap splice sample (factory & field)
f.
Roofing insulation
g.
Walkway pad
4. Shop drawings (copies of these must be sent to the roofing manufacturer).
5. Pullout Tests: Perform pullout tests and submit engineering results of
manufacturer's random location pull tests. Manufacturer shall obtain at least
one pull resistance test from indicated locations on the drawings. Submit pull
test results with drawing indicating the locations of the tests. Engineering
results shall demonstrate the manufacturer's reasons for selection of
anchorage, frequency and the seaming patterns.
6. Membrane Data: Two (2) days prior to receipt of bids, contractor shall submit
all forms and other required data to roofing system manufacturer for pre -
approvals. Advise Owner in writing of any recommendations made or
revisions required by manufacturer to particular job conditions. In the
absence of any comments, the Owner and/or his representative shall assume
the manufacturer's most recently published specifications shall be followed.
2005 Utility Service Center
Roof Project 7540-4 Thermoplastic Membrane Roofing
April 2005
7. Samples: Submit samples to the Owner for approval prior to ordering and
delivery so as to not delay progress and completion of the work or final
inspection.
8. Provide repair procedures to Owner's representative.
B. Required Submittals to the Building Owner
Submit shop drawings for approval. Shop drawings may be required for final
inspection of the warranted roof. Shop drawings shall be approved by the
membrane manufacturer.
2. Shop drawings shall include: outline of the roof and roof size, perimeter and
penetration details, walk pad details, section layout, field welds, and accessory
and material list.
3. Manufacturer's sample warranty and with completed liability affidavit if
necessary and written installation procedure recommendations addressing the
specific roof deck configuration to be covered and fastened to.
1.3 PRODUCT DELIVERY, STORAGE AND HANDLING PROCEDURES
A. Deliver materials in original unopened packaging.
B. Containers labeled with manufacturer's name, brand name, and identification of
various items.
C. Contractor shall store materials in a dry area and protect them from inclement weather
until and during the time of installation. Damaged materials shall be replaced at
contractor's expense.
D. Do not allow roofing membrane to come in contact or be exposed to any materials that
would be detrimental to or cause degradation of the roofing membrane.
1.4 JOB CONDITIONS
A. Environmental Conditions & Protection
In making field heat welds, make sure all welding surfaces are clean and free
of moisture or foreign items.
2. Weather precautions: Proceed with roofing work when existing and
forecasted weather conditions permit work performance in compliance with
manufacturer's recommendations.
2005 Utility Service Center
Roof Project 7540-5 Thermoplastic Membrane Roofing
April 2005
14.1. Bids may be modified or withdrawn by an appropriate document duly
executed (in a manner that a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an
authorized representative provided he can prove his identity and authority
at any time prior to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the
receipt of Bids provided that they are then fully in conformance with these
Instructions to Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non -responsive) read aloud
publicly as indicated in the Invitation to Bid. An abstract of the amounts
of the Base Bids and major alternates (if any) will be made available after
the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the
Bid Opening, but OWNER may, in his sole discretion, release any Bid and
return the Bid Security prior to that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any
and all informalities not involving price, time or changes in the Work, to
negotiate contract terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive, unbalanced or conditional Bids.
Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER
believes that it would not be in the best interest of the Project to make
an award to that Bidder, whether because the Bid is not responsive or the
Bidder is unqualified or of doubtful financial ability or fails to meet any
other pertinent standard or criteria established by OWNER. Discrepancies
between the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the
Bidders, whether or not the Bids comply with the prescribed requirements,
and such alternates, unit prices and other data, as may be requested in the
Bid Form or prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of
Subcontractors, Suppliers, and other persons and organizations proposed for
those portions of the Work as to which the identity of Subcontractors,
Suppliers, and other persons and organizations is submitted as requested by
OWNER. OWNER also may consider the operating costs, maintenance
requirements, performance data and guarantees of major items of materials
12/03 Section 00100 Page 6
3. Roofing system shall not be applied when the surrounding air, surface
temperature, relative humidity or wind velocity is not within the range
acceptable under the manufacturer's recommendations.
4. Prior to starting work, protect entire staging area in an approved manner
including all paving and faces of building walls. Provide special protection of
the face of the building wall adjacent to hoist.
5. Complete the whole roofing section or any portion of the roof in a single day
to avoid exposure to rain, dew, or moisture of any kind. If rain threatens
during the day or in an emergency, protect the unfinished exposed roofing
components and provide temporary water cut-offs around exposed edges and
incomplete flashing areas.
6. All hoisting equipment shall bear on solid pad blocking. If on the roof
surface, pad shall be large enough to evenly distribute the load to avoid
crushing insulation and roof system. Pad shall consist of two separate layers
of material to eliminate vibration and movement to directly affect the roofing
membrane. Pad shall be of sufficient size to accommodate work tools and
weights used around hoisting operations.
7. Repairs: Clean or repair surfaces damaged or soiled by operations under this
contract to the satisfaction of the Owner or Owner's representative without
additional cost to the Owner. These would include, but not limited to,
windows, doors, floors, walls, stairs, elevators, steps, walks, curbs, lawn
areas, or other roofs.
2.0 PRODUCT
A. Roof Membrane (Duro-Last)
A special formulated, permanent, thermoplastic alloy, bonded to a high
tenacity, low shrinkage polyester fabric with resistance to ultraviolet rays,
microorganisms and impervious to most caustic chemicals. A Thermoplastic
membrane produced by Duro-Last Roofing, Inc. will be required, with no
acceptations.
2. The new roofing shall be a mechanically fastened installation of single -ply 10
X 10 strands / inch reinforced thermoplastic membrane, minimum 50 mils
thick. Manufacturer's physical specifications and minimum performance
criteria shall be in accordance with the following schedule.
2005 Utility Service Center
Roof Project 7540-6 Thermoplastic Membrane Roofing
April 2005
a
Physical Property
Thickness Min.
Tear Strength, Tongue Method
8" x 8" sample
Breaking Strength
EMMAQUA Exposure
Elongation
Dimensional Stability
Low Temperature Flexibility
Dynamic Impact (Puncturing)
Water Vapor Transmission
Accelerated Weathering
Accelerated weathering
U VB-313 Lamp O 80 degrees C
Factory Mutual Research
Underwriter's Laboratory
Scrim: Weft Inserted Polyester
B. Manufacturer
0
3
2.1 MATERIALS
MINIMUM PERFORMANCE AND PHYSICAL SPECIFICATION
REQUIREMENTS FOR MEMBRANE
Test Method Used Specification Requirements
ASTM D-751
ASTM D-751
ASTM D-751
ASTM E938, Desert Sun
ASTM D-751
ASTM D-1204
ASTM D-2136, 1/8" mandrel
Fed. Std. 1013, Method B
ASTM E96 WVT, Procedure B, Method A
Carbon Arc, 6000 Hours
ASTM C-5388, 2000 Hrs.
ASTM E-108
U L-790
.050 inch thick (50 mils)
130 x 110 lbf
435 x 350 Ibf.
>6.9 million Langleys
35%
<.0.1 %
no cracks, -40 degrees F
350 lbs.
>..25 US Perms, 0.086 g/hr//sqm
No cracks, crazing, or blistering
No cracks, crazing, or blistering
Class 1 1-60 & 1-90
Class A, B, or C
18 x 14, 1000 denier
Manufacturers requesting approval must submit acceptable information
certifying that they are the direct manufacturer from raw material into
specified membrane, and meet the performance, warranty and financial
criteria required.
Fire resistance of thermoplastic roofing system shall meet UL Class A. All
packaging of membrane and insulation shall bear UL Class A label.
Membrane color shall be white.
A. Membrane -Related Materials
All membrane components, including pipe and curb flashings must be
fabricated from the same reinforced material used for the deck membrane.
These components shall be manufactured by Duro-Last Roofing, Inc., with no
exceptions.
2. Termination Sealant: Compatible with materials to which membrane is to be
bonded, conforming to Federal Specifications TT-598 and TT-S-00230C as
furnished by the membrane manufacturer.
2005 Utility Service Center
Roof Project 7540-7 Thermoplastic Membrane Roofing
April 2005
3. Distribution Plates: Factory Mutual approved stress distribution plates
formed from a minimum 24 gauge G-90 C.Q. steel with a galvalume coating,
or high strength poly -blend.
4. Water Cut -Off Mastic: Compatible with materials with which it is used and
furnished by the membrane manufacturer.
5. Pitch Pocket Sealant: Shall be a single component, self -leveling silicone
sealant furnished by the membrane manufacturer.
6. Fasteners: Compatible with roof deck as furnished by the membrane
manufacturer. Fasteners shall be furnished by the membrane manufacturer
and be Duro-Guard coated #14 and must pass 30 cycles in the Kesternich
Cabinet, DIN #50018-2 Liter. The FM approved fastener is inserted through
the hole in the distribution plate and properly secured to the roof deck.
7. Breather Vents: Two-way vents shall be installed in accordance with
manufacturer's specifications if required for warranty. Vents shall be
furnished by membrane manufacturer.
8. Terminations/Edge Details: Shall be manufactured and furnished by
membrane manufacturer. All other terminations/edge details must be
approved and warranted by the membrane manufacturer.
9. Walkway Pads: Provide membrane manufacturer's walkway pads installed in
strict compliance with manufacturer's recommendations. Pads shall be non-
skid, maintenance free, and restrained to remain in position. Pad installation
minimum configuration is shown on the drawings. Walkway pads shall be a
contrasting color to the roof membrane. Owner and/or Owner's
representative shall choose from manufacturer's samples.
B. Insulation
Board insulation shall be a minimum of 1/2 inch thick, fiberglass, or
polyisocyanurate.
2. Extruded polystyrene (EXPS) insulation and expanded polystyrene (EPS)
shall be installed with a separator sheet and shall meet the following
requirements.
a) Thickness: 1" minimum
b) Density: 1-1/2 pounds per cubic foot
c) Absorption by volume: Less than 2.5% as measured by ASTM
C2272.
2005 Utility Service Center
Roof Project 7540-8 Thermoplastic Membrane Roofing
April 2005
3. If re -roofing with no tear -off required, the minimum underlayment shall be:
a) 3/8-inch thick extruded polystyrene with polyethylene facer as
manufactured by Amocor.
b) 'h inch thick expanded polystyrene with polyethylene facer factory
applied as manufactured by Poly Foam Packers.
C. Tapered Crickets (where required)
Crickets shall be formed of tapered material having the same requirements and
characteristics as listed in the preceding paragraph.
D. Roofing Nails
Nails shall be galvanized "Stronghold" type: (for use on parapet walls, wood nailers)
E. Nailers & Blocking
Where required, nailers and wood blocking shall be S4S 1500 fc construction
grade Douglas fir conforming to standard 15 grading and dressing rules of the
West Coast Lumber Inspection Bureau, or other species of wood of equal
strength. All lumber shall be grade marked at the mill.
2. All lumber shall be pressure treated by a method approved by the roofing
membrane manufacturer: "Wolmanized" or "Osmose K-33" are acceptable.
3. Nailers shall be securely anchored to the deck to resist the minimum force
required in Loss Prevention Data Sheet I-49, "Perimeter Flashing," Factory
Mutual Systems, June, 1985. The thickness of the nailer shall be such that the
top of the nailer is flush with the surface to which the membrane is to be
applied.
F. Accessories
Primary accessories shall be factory manufactured by or under the direction of
roofing membrane manufacturer. All other shall be furnished and approved by the
membrane manufacturer.
3.0 EXECUTION
A. Substrate Inspection
Inspect all surfaces to receive roofing for any condition that will adversely
affect execution, performance, or quality of work.
2. All roof surfaces and all sloped surfaces to drains and outlets shall be checked
and approved by the roofing contractor prior to the start of the roofing work.
2005 Utility Service Center
Roof Project 7540-9 Thermoplastic Membrane Roofing
April 2005
3. Install roofing material only under satisfactory conditions as specified by the
membrane manufacturer.
4. Scheduling: Schedule the roofing work in areas and sections in such a
manner as to keep the new and existing insulation, roofing materials, and
building absolutely dry and watertight during new roofing work.
5. Any damage sustained to the facility or contents as a result of improper
scheduling of roofing work shall be the contractor's responsibility.
B. Surface Preparation
Contractor's proposal shall include all costs for the removal of wet or damaged
existing roofing insulation and replacement as required, existing flashings, expansion
and control joint covers, and repair or replacement of required treated wood nailers or
blocking.
The total extent of preparation shall include the above and comply with the
membrane manufacturer's recommendations.
2. Mechanically secure separation material units to roofing deck independent of
membrane attachment and cover immediately with membrane. Butt units
tightly together, limiting joint separation to 1/8 inch, maximum. Meet
attachment pattern requirements of the membrane manufacturer.
3. In areas where the new membrane is installed directly over the existing
membrane, care shall be taken to remove all ballast, dirt, and debris on the
existing membrane.
3.1 GENERAL REQUIREMENTS
A. Precautions
Do not lay out or expose any insulation on the deck that cannot be covered by
membrane on the same day.
2. In snaking all field heat welds, make sure all edges are clean and free of tar,
mastic or other foreign items.
3. Do not expose membrane and accessories to a constant temperature in excess
of 110 degrees Fahrenheit.
4. Sealants and adhesives should be applied according to the manufacturer's
specifications and all containers shall be disposed of properly.
2005 Utility Service Center
Roof Project 7540-10 Thermoplastic Membrane Roofing
April 2005
. M 11 it
5. Start securing the membrane at the highest point and work towards the drains.
B. Protection of Roofing Surfaces
Storing, wheeling, or trucking directly on roof insulation or membrane surface is not
acceptable. Smooth, clean plywood or plank walkways, runways and platforms shall
be provided as necessary.
3.2 INSULATION INSTALLATION
A. General
The roof insulation shall be installed with approved fasteners and distribution plates
placed according to specification. Insulation board having maximum of dimensions
of 2 x 4 feet shall require a minimum of 2 fasteners. Insulation boards having
maximum of dimensions of 4 x 4 feet shall require a minimum of 4 fasteners.
Insulation boards having maximum of dimensions of 4 x 8 feet shall require a
minimum of 6 fasteners. Install the fasteners flush with the top surface of the
insulation board. The ends of the insulation boards shall be staggered 50% from row
to row. Butt each insulation board firmly to the adjacent board. Do not jam
insulation boards or allow cracks between insulation boards. Cut boards to allow a
maximum 1/4 inch gap away from vertical surfaces. The following FM approved
insulation's are approved for use with the membrane cover; fiberglass,
urethane/composite. polyisocyanurate or others approved by the membrane
manufacturer. Contact the membrane manufacturer for specific applications.
3.3 MEMBRANE INSTALLATION
Contractor will provide submittals for installation of membrane in strict compliance
with Manufacturer's written recommendations regarding but not limited to; layout,
field welding, perimeter nailing, cut-outs, curbs, stacks, corners, parapet walls, pitch
pockets, breather vents (if required for system,) scuppers, gutter edge, roof drains,
expansion joints, valleys, and roof tie-ins for the particular roof deck being covered
and fastened to.
3.4 INSPECTION & WARRANTY
A. Inspection: Roofing manufacturer's technical representative, Owner's
Representative, City Building Inspection and roofing contractor shall conduct all
required inspections. Submit all required drawings, details, and completed
questionnaires to the roofing manufacturer before obtaining the specified warranty.
After an authorized Technical Representative has inspected the roof for determining
acceptability for warranty issuance, any deficiencies on the final inspection report
shall be corrected by the contractor/applicator and made ready for reinspection within
five (5) working days.
2005 Utility Service Center
Roof Project 7540-11 Thermoplastic Membrane Roofing
April 2005
B. Warranty: Upon receipt of required materials, certifying inspection, and acceptance
of the roofing system by the roofing manufacturer, the warranty shall be duly
executed and issued to the Owner.
3.5 REPAIRS
Future repairs or additions to the roofing system shall be made using the heat welding
process. Adhesive bonded or butyl tape repairs shall not be allowed for the life of the roof.
Provide repair procedures to the Owner and/or Owner's representative.
3.6 CONSTRUCTION DAMAGE
Upon completion of work, repair or replace as required, all building materials damaged as a
result of the roofing operations. Match existing materials as close as possible. Owner and/or
Owner's representative will be involved in the selection of matching materials.
2005 Utility Service Center
Roof Project 7540-12 Thermoplastic Membrane Roofing
April 2005
3.7 LIABILITY AND RESPONSIBILITY AFFIDAVIT
To: (building owner)
Attn:
Reference: WAIVER OF EXCLUSION OF CONSEQUENTIAL DAMAGES FROM INSTALLATION AND PRODUCT
FAILURE WITH AFFIDAVIT OF MANUFACTURER'S AUTHORITY.
As (print title) of (print company)
I (print name) hereby officially waive our exclusion for consequential or incidental
damages resulting from failure of factory and installation workmanship, roofing material, roofing components, or
pending water, within 15 year warranty period without dollar limit for all roofs listed in your project manual
entitled: bid dated installing our products listed:
For our certified contractor:
Contractor address:
(please print)
For buildings specified on re -roofing project plans at
(Address) :(Specifyer to list)
I hereby attest and certify under penalty of perjury that I am qualified as an officer of
(print) roofing manufacturing company to authorize this waiver of exclusion of
consequential damages resulting from product and installation failure for the projects listed above for (customer
Signature of named officer date
Signature of notary date
Notary seal or stamp:
Notary expiration
END OF SECTION
2005 Utility Service Center
Roof Project 7540-13 Thermoplastic Membrane Roofing
April 2005
and equipment proposed for incorporation in the Work when such data is
required to be submitted prior to the Notice of Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed
Subcontractors, Suppliers and other persons and organizations to do the
Work in accordance with the Contract Documents to OWNER's satisfaction
within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest
responsive and responsible Bidder whose evaluation by OWNER indicates to
OWNER that the award will be in the best interest of the OWNER. Award
shall be made on the evaluated lowest base bid excluding alternates. The
basis for award shall be the lowest Bid total for the Schedule or, in the
case of more than one schedule, for sum of all schedules. Only one
contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful
Bidder a Notice of Award within forty-five (45) days after the date of the
Bid opening.
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder
delivers the executed Agreement to the OWNER, it shall be accompanied by
the required Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the
Agreement with all other written Contract Documents attached. Within
fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the
required number of counterparts of the Agreement and attached documents to
OWNER with the required Bonds. Within ten (10) days thereafter, OWNER
shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart
is to be accompanied by a complete set of the Drawings with appropriate
identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be included
in the Contract Price. Reference is made to the General and Supplementary
Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
12/03 Section 00100 Page 7
22.0 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid
assures the Bidder's compliance with the City's purchasing restrictions. A
copy of the resolutions are available for review in the Purchasing and Risk
Management Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires
that suppliers and producers of cement or products containing cement
to certify that the cement was not made in cement kilns that burn
hazardous waste as a fuel.
23.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham
Bid will be rejected and reported to authorities as such. Your authorized
signature of this Bid assures that such Bid is genuine and is not a
collusive or sham Bid.
24.0 BID RESULTS.
For information regarding results for individual Bids send a self-
addressed, self -stamped envelope and a Bid tally will be mailed to you.
Bid results will be posted in the Purchasing office seven (7) days after
the Bid Opening.
END OF SECTION
12/03 Section 00100 Page 8
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: UTILITY SERVICE CENTER ROOFING PROJECT; BID NO. 5917
Place
Date
1. In compliance with your Invitation to Bid dated
and subject to all conditions thereof, the undersigned
a **(Corporation, Limited Liability Company,
Partnership, Joint Venture, or Sole Proprietor)** authorized to do business
in the State of Colorado hereby proposes to furnish and do everything
required by the Contract Documents to which this refers for the
construction of all items listed on the following Bid Schedule or Bid
Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal
is made in good faith, without collusion or connection with any other
person or persons Bidding for the same Work, and that it is made in
pursuance of and subject to all the terms and conditions of the Invitation
to Bid and Instructions to Bidders, the Agreement, the detailed
Specifications, and the Drawings pertaining to the Work to be done, all of
which have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid
bond in the sum of ($
) in accordance with the Invitation To Bid and
Instructions to Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Payment Bond for the amount of the total of this Bid within
fifteen (15) calendar days from the date when the written notice of the
award of the contract is delivered to him at the address given on this Bid.
The name and address of the corporate surety with which the Bidder
proposes to furnish the specified performance and payment bonds is as
follows:
5. All the various phases of Work enumerated in the Contract Documents with
their individual jobs and overhead, whether specifically mentioned,
included by implication or appurtenant thereto, are to be performed by the
CONTRACTOR under one of the items listed in the Bid Schedule, irrespective
of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or
Bid Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through
7/96 Section 00300 Page 1
W
ADDRESS:
BID SCHEDULE (Base Bid)
1. Warehouse Roof
2. Water Dock Roof
3. "Wall Street" Roof
4. "Traffic Ops" Roof
CONTRACTOR
BY:
Dollars
($
Dollars
($
Dollars
($
Dollars
($
TOTAL BASE BID $
0
In words
Alternate Bid
A. Light & Power Roof Dollars ($ )
9. PRICES
The foregoing prices shall include all labor, materials, transportation,
shoring, removal, dewatering, overhead, profit, insurance, etc., to cover
the complete Work in place of the several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid
or change quantities at his sole discretion without affecting the Agreement
or prices of any item so long as the deletion or change does not exceed
twenty-five percent (250) of the total Agreement Price.
RESPECTFULLY SUBMITTED:
Signature Date
Title
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
7/96 Section 00300 Page 2
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410Bid Bond
00420Statement of Bidder's Qualifications
00430Schedule of Subcontractors
7/96 Section 00410 Page 1
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned
as Principal, and as
Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado,
as OWNER, in the sum of $ for the payment of which, well and
truly to be made, we hereby jointly and severally bind ourselves, successors, and
assigns.
THE CONDITION of this obligation is such that whereas the Principal has
submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby
made a part hereof to enter into a Construction Agreement for the construction of
Fort Collins Project, UTILITY SERVICE CENTER ROOFING PROJECT; BID NO. 5917.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a
Contract in the form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a BOND for his faithful
performance of said Contract, and for payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said Bid,
then this obligation shall be void; otherwise the same shall remain in
force and effect, it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations
of said Surety and its BOND shall be in no way impaired or affected by any
extension of the time within which the OWNER may accept such Bid; and said Surety
does hereby waive notice of any such extension.
Surety Companies executing bonds must be authorized to transact business in the
State of Colorado and be accepted by the OWNER.
7/96 Section 00410 Page 2
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section
BID INFORMATION
00020 Notice Inviting Bids
00100 Instruction to Bidders
00300 Bid Form
00400 Supplements to Bid Forms
00410 Bid Bond
00420 Statements of Bidders Qualifications
00430 Schedule of Major Subcontractors
CONTRACT DOCUMENTS
00500 Agreement Forms
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release(Contractor)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC -A
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960 Application for Payment
SPECIFICATIONS
Pages
00020-1 - 00020-2
00100-1 - 00100-9
00300-1 - 00300-2
00400-1
00410-1 - 00410-2
00420-1 - 00420-3
00430-1
00500-1
00510-0
00520-1 - 00520-6
00530-1
00600-1
00610-1 - 00610-2
00615-1 - 00615-2
00630-1
00635-1
00640-1
00650-1 - 00650-2
00660-1
00670-1 - 00670-2
00700-1 - 00700-34
GC -Al - GC-A2
00800-1 - 00800-2
00900-1
00950-1 - 00950-2
00960-1 - 00960-2
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this day of , 20 , and such of them as are
corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set forth
above.
PRINCIPAL
Name:
Address:
By:
Title:
ATTEST:
By:
(SEAL)
SURETY
By:
Title:
(SEAL)
7/96 Section 00410 Page 3
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and
comprehensive. This statement must be notarized. If necessary, questions may be
answered on separate attached sheets. The Bidder may submit any additional
information he desires.
1. Name of Bidder:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your
present firm or trade name?
6. Contracts on hand: (Schedule these, showing the amount of each contract and
the appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
8. Have you ever failed to complete any Work awarded to you?
If so, where and why?
9. Have your ever defaulted on a contract?
If so, where and why?
10. Are you debarred by any government agency?
If yes list agency name.
7/96 Section 00420 Page 1
11. List the more important projects recently completed by your company,
stating the approximate cost of each, and the month and year completed,
location and type of construction.
12.
List your major equipment
available for this
contract.
13.
Experience in construction
project:
Work similar in
importance to this
14.
Background and experience
including officers:
of the principal
members of your organization,
15.
16.
17.
Credit available: $
Bank reference:
Will you, upon request, fill out a detailed
any other information that may be
financial statement and furnish
required by the OWNER?
19
Are you licensed as a General CONTRACTOR?
If yes, in what city, county and state?
class, license and numbers?
Do you anticipate subcontracting Work under this Contract?
If yes, what percent of total contract?
and to whom?
20. Are any lawsuits pending against you or your firm at this time?
If
DETAIL
7/96 Section 00420 Page 2
What
yes,
21. What are the limits of your public liability? DETAIL
What company?
22. What are your company's bonding limitations?
23. The undersigned hereby authorizes and requests any person, firm or
corporation to furnish any information requested by the OWNER in
verification of the recital comprising this Statement of Bidder's
Qualifications.
Dated at this day of , 20
Name of Bidder
By:
Title:
State of
County of
being duly sworn deposes and says that he is
of and that
(name of organization)
the answers to the foregoing questions and all statements therein contained are
true and correct.
Subscribed and sworn to before me this day of
, 20 .
Notary Public
My commission expires
7/96 Section 00420 Page 3
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors
performing over 150 of the contract.
ITEM
SUBCONTRACTOR
7/96 Section 00430 Page 1
SECTION 00500
AGREEMENT FORMS
00510Notice of Award
00520Agreement
00530Notice to Proceed
SECTION 00510
NOTICE OF AWARD
Date:
TO:
PROJECT:
OWNER. CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated , 20 for the above
project has been considered. You are the apparent successful Bidder and have been
awarded an Agreement for UTILITY SERVICE CENTER ROOFING PROJECT; BID NO. 5917.
The Price of your Agreement is
Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Three (3) sets of the Drawings will be delivered
separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days
of the date of this Notice of Award, that is by 20
1. You must deliver to the OWNER three (3) fully executed counterparts of the
Agreement including all the Contract Documents. Each of the Contract
Documents must bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds)
as specified in the Instructions to Bidders, General Conditions (Article
5.1) and Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle
OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare
your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return to
you one (1) fully -signed counterpart of the Agreement with the Contract Documents
attached.
By:
City of Fort Collins
OWNER.
Title
9/12/01 Section 00510 Page 1
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the day of in the
year of 20_ and shall be effective on the date this AGREEMENT is signed by the
City.
The Citv of Fort Collins
(hereinafter called OWNER) and
(hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may be
the whole or only a part is defined as follows: the Contractor shall furnish and
install a 50 mil Duro-Last single -ply membrane roofing system that is fabricated
of a polyester fabric and has a thermoplastic coating of thermoplastic material
laminated to both sides a manufactured by system supplier. Membrane shall be
Energy Star certified with a 3 year test of 86% reflectivity.
Contractor shall be responsible for removing the existing Ballast (where
existing) from the rooftop where the new roofing membrane will be installed.
Owner will provide suitable truck for material and will haul off and is generally
described in Section 0020-1.
ARTICLE 2. ENGINEER
The Project has been designed by City of Fort Collins Utility Services, who is
hereinafter called ENGINEER and who will assume all duties and responsibilities
and will have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the
Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete within 120 calendar days after
the date when the Contract Times commence to run as provided in the General
Conditions and completed and ready for Final Payment and Acceptance in accordance
with the General Conditions within 150 calendar days after the date when the
Contract Times commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
9/12/01 Section 00520 Page 1
They also recognize the delays, expenses and difficulties involved in proving in
a legal proceeding the actual loss suffered by OWNER if the Work is not completed
on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall
pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
Five Hundred Dollars ($500.00) for each calendar day or fraction
thereof that expires after the One Hundred Twenty (120) calendar day
period for Substantial Completion of the Work until the Work is
Substantially Complete.
2) Final Acceptance:
After Substantial Completion, One Hundred Dollars ($100.00) for each
calendar day or fraction thereof that expires after the Thirty (30)
calendar day period for Final Payment and Acceptance until the Work is
ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance
with the Contract Documents in current funds as follows: ($ ), $
Dollars, in accordance with Section 06300,
attached and incorporated herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of
the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as provided below.
All progress payments will be on the basis of the progress of the Work measured
by the schedule of values established in paragraph 2.6 of the General Conditions
and in the case of Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1. Prior to Substantial Completion, progress payments will be in the
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions. 900 of the value of Work completed until the Work has been
509 completed as determined by ENGINEER, when the retainage equals 50 of the
Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 90% of
9/12/O1 Section 00520 Page 2
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the application for
payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price,
less such amounts as ENGINEER shall determine or OWNER may withhold in accordance
with paragraph 14.7 of the General Conditions or as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and Laws
and Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests
of subsurface conditions and drawings of physical conditions which are identified
in the Supplementary Conditions as provided in paragraph 4.2 of the General
Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the Contract
Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of
paragraph 4.2 of the General Conditions; and no additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price, within
the Contract Times and in accordance with the other terms and conditions of the
9/12/01 Section 00520 Page 3
SECTION 00020
INVITATION TO BID
Contract Documents, including specifically the provision of paragraph 4.3. of the
General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General Conditions,
Supplementary Conditions, those items included in the definition of "Contract
Documents" in Article 1.10 of the General Conditions, and such other items as are
referenced in this Article 7, all of which are incorporated herein by this
reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract Documents
and incorporated herein by this reference, and include, but are not limited to,
the following:
7.2.1Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4Consent of Surety
7.2.3 Application for Exemption Certificate
7.2. 6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
City of Fort Collins, Utility Service Center Roof Outline
The Contract Drawings shall be stamped "Final for Construction" and dated. Any
revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract Documents pursuant
to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or
incorporated by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the
General Conditions.
ARTICLE 8. MISCELLANEOUS
9/12/01 Section 00520 Page 4
8.1. Terms used in this Agreement which are defined in Article I of the
General Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not without
limitations, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or
discharge that assignor from any duty or responsibility under the Contract
Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
9/12/01 Section 00520 Page 5
OWNER: CITY OF FORT COLLINS
By:
JAMES B. O'NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Date:
Attest:
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522
Approved as to Form
Assistant City Attorney
9/12/01
CONTRACTOR:
By:
Title:
Date:
(CORPORATE SEAL)
Attest:
Address for giving notices:
LICENSE NO.:
Section 00520 Page 6
SECTION 00530
NOTICE TO PROCEED
Description of Work: UTILITY SERVICE CENTER ROOFING PROJECT; BID NO. 5917
To:
This notice is to advise you:
That the contract covering the above described Work has been fully executed by
the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within ( ) calendar days from
receipt of this notice as required by the Agreement.
Dated this day of , 20
The dates for Substantial Completion and Final Acceptance shall be
, and , 20 , respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day
of , 20
CONTRACTOR
By:
Title:
7/96 Section 00530 Page 1
SECTION 00600
BONDS AND CERTIFICATES
00610Performance Bond
00615Payment Bond
00630Certificate of Insurance
00635Certificate of Substantial Completion
00640Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660Consent of Surety
00670Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
F. 6 ►•
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the
"Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of
Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal
Corporation) hereinafter referred to as the "OWNER", in the penal sum of
in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the day of ,
20__, a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project, UTILITY SERVICE CENTER ROOFING
PROJECT; BID NO. 5917.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions and agreements of said
Agreement during the original term thereof, and any extensions thereof which may
be granted by the OWNER, with or without Notice to the Surety and during the life
of the guaranty period, and if the Principal shall satisfy all claims and demands
incurred under such Agreement, and shall fully indemnify and save harmless the
OWNER from all cost and damages which it may suffer by reason of failure to do
so, and shall reimburse and repay the OWNER all outlay and expense which the
OWNER may incur in making good any default then this obligation shall be void;
otherwise to remain in full force and effect.
7/96 Section 00610 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms
of the Agreement or to the Work to be performed thereunder or the Specifications
accompanying the same shall in any way affect its obligation on this bond; and it
does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3)
one of which shall be deemed an original, this day of
20_
IN PRESENCE OF:
Principal
counterparts, each
(Title)
(Address)
(Corporate Seal)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
By:_
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
-7/96 Section 00610 Page 2
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the
"Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto the City
of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal
Corporation) hereinafter referred to as "the OWNER", in the penal sum of
in lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the day of ,
20 a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project, UTILITY SERVICE CENTER ROOFING
PROJECT; BID NO. 5917.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor in
the prosecution of the Work provided for in such Agreement and any authorized
extension or modification thereof, including all amounts due for materials,
lubricants, repairs on machinery, equipment and tools, consumed, rented or used
in connection with the construction of such Work, and all insurance premiums on
said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force
and effect.
"7/96 Section 00615 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms
of the Agreement or to the Work to be performed thereunder or the Specifications
accompanying the same shall in any way affect its obligation on this bond; and it
does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each
one of which shall be deemed an original, this day of
20
IN PRESENCE OF:
Principal
(Title)
(Address)
(Corporate Seal)
IN PRESENCE OF: Other Partners
IN PRESENCE OF: Surety
By:
_ By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
7/96 Section 00615 Page 2
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
7/96 Section 00630 Page 1
SECTION 00020
INVITATION TO BID
Date: April 28, 2005
Sealed Bids will be received by the City of Fort Collins (hereinafter referred to
as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on May
20, 2005, for the UTILITIES SERVICE CENTER ROOFING PROJECT; BID NO. 5917. if
delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort
Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort
Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly
received will be publicly opened and read aloud.
The Contract Documents provide that the Contractor shall furnish and install a 50
mil Duro-Last single -ply membrane roofing system that is fabricated of a
polyester fabric and has a thermoplastic coating of thermoplastic material
laminated to both sides a manufactured by system supplier. Membrane shall be
Energy Star certified with a 3 year test of 86% reflectivity.
Contractor shall be responsible for removing the existing Ballast (where
existing) from the rooftop where the new roofing membrane will be installed.
Owner will provide suitable truck for material and will haul off.
All Bids must be in accordance with the Contract Documents on file with The City
of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
Contract Documents will be available April 29, 2005.
Copies of the Contract Documents, complete with Construction Specifications and
Drawings, may be obtained from Purchasing Division at 215 North Mason St., 2nd
floor, Fort Collins, Colorado, 80524 upon payment of a refundable fee of Fifty
Dollars ($50.00) per set. No partial sets will be issued.
The Contract Documents and Construction Drawings may be examined at:
1. City of Fort Collins, Purchasing Division.
2. Dodge Plan Room, 1114 W. 7't' Ave., Suite 100, Denver, Colorado.
3. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado.
4. Construction News Service, 3630 Sinton Road, Suite 210, Colorado Springs,
Colorado.
Highly recommended is a prebid conference and job walk with representatives of
prospective Bidders to be held at 10:00a.m., on May 10, 2005, at 700 Wood Street,
Fort Collins.
Prospective Bidders are invited to present their questions relative to this Bid
proposal at this meeting.
Bids will be received as set forth in the Bidding Documents.
07/2001 Section 00020 Page 1
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: UTILITY SERVICE CENTER ROOFING
PROJECT; BID NO. 5917
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colora
INCLUDE:
OWNER: Citv of Fort Collins
CONTRACTOR:
CONTRACT DATE:
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or
specified part of the project, as indicated above) is hereby declared to be
substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This
list may not be exhaustive, and the failure to include an item on it does not
alter the responsibility of the CONTRACTOR to complete all the Work in accordance
with the Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees
to complete and correct the items on the tentative list within the time
indicated.
By:
CONTRACTOR AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as substan-
tially complete and will assume full possession of the project or specified area
of the project at 12:01 a.m., on The responsibility for
heat, utilities, security, and insurance under the Contract Documents shall be as
set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER
REMARKS:
AUTHORIZED REPRESENTATIVE DATE
7/96 Section 00635 Page 1
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO:
Gentlemen:
20
You are hereby notified that on the day of , 20 the City of
Fort Collins, Colorado, has accepted the Work completed by
for the City of Fort Collins project,
UTILITY SERVICE CENTER ROOFING PROJECT; BID NO. 5917.
A check is attached hereto in the amount of $ as Final Payment for
all Work done, subject to the terms of the Contract Documents which are dated
In conformance with the Contract Documents for this project, your obligations and
guarantees will continue for the specified time from the following date:
Sincerely,
OWNER: Citv of Fort Collins
By:
Title:
ATTEST:
Title:
7/96 Section 00640 Page 1
Ir . 1W 1 11 1
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM:
(CONTRACTOR)
PROJECT: UTILITY SERVICE CENTER ROOFING PROJECT; BID NO. 5917
1. The CONTRACTOR acknowledges having received payment, except retainage from
the OWNER for all work, labor, skill and material furnished, delivered and
performed by the CONTRACTOR for the OWNER or for anyone in the
construction, design, improvement, alteration, addition or repair of the
above described project.
2. In consideration of such payment and other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR
voluntarily waives all rights, claims and liens, including but not limited
to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop
notices, equitable liens and labor and material bond rights which the
CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the
construction, design, improvement, alteration, addition or repair of the
above described project, against the OWNER or its officers, agents,
employees or assigns, against any fund of or in the possession or control
of the OWNER, against the project or against all land and the buildings on
and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished,
delivered or performed to or for the construction, design, improvement,
alteration, addition or repair of the project were furnished, delivered or
performed by the CONTRACTOR or its agents, employees, and servants, or by
and through the CONTRACTOR by various Subcontractors or materialmen or
their agents, employees and servants and further affirms the same have been
paid in full and have released in full any and all existing or possible
future mechanic's liens or rights or claims against the project or any
funds in the OWNER'S possession or control concerning the project or
against the OWNER or its officers, agents, employees or assigns arising out
of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if
any, and the Surety on the project against and from any claim hereinafter
made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants,
agents or assigns against the project or against the OWNER or its officers,
employees, agents or assigns arising out of the project for all loss,
damage and costs, including reasonable attorneys fees, incurred as a result
of such claims.
7196 Section 00650 Page 1
5. The parties acknowledge that the description of the project set forth above
constitutes and adequate description of the property and improvements to
which this Lien Waiver Release pertains. It is further acknowledged that
this Lien Waiver Release is for the benefit of and may be relied upon by
the OWNER, the lender, if any, and Surety on any labor and material bonds
for the project.
Signed this
ATTEST:
Secretary
day of
CONTRACTOR
By:
Title:
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this
20 by
Witness my hand and official seal.
My Commission Expires:
day of
20
Notary Public
7/96 Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: UTILITY SERVICE CENTER ROOFING PROJECT; BID NO. 5917
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
on bond of
(Surety)
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day
of ,
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
7/96 Section 00660 Page 1
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Insert State certificate here.
DR 0172 (01/03)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303) 236-SERV (7378)
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(M)
A
no NnT WRITF IN THIR 3PACF
.The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building
materials for the exempt project described below. This exemption does riot include or apply to the purchase or rental of equipment,
supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the
structure, highway, road, street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided
by law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime
contractor to issue certificates to each of the subcontractors. (See reverse side.)
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
Registration/Account No. (to be assigned by DOR)
89 _
Period
0170-750 (999) $0.00
Trade name/DBA:
Owner, partner, or corporate name:
Mailing address (City, State, Zip):
Contact Person
E-Mall address:
Federal Employer's Identification Number: Bid amount for your contract:
$
Fax number:
Business telephone number: Colorado withholding tax account number:
(
Copies of'aohtrat VP a�Podtherlt pages (1)vrieritiiymg fhb atra
pflcting papkies; (2) b.ld
{� iNFiION amount pnd�htirf( matures of Gpntreap . ,. artilts nnU1 T be attatlhed.
Name of exempt organization (as shown on contract):
Exempt organixation's number:
98 -
Address of exempt organization (City, Slate, Zip):
Principal contact at exempt organization
Principal contact's telephone number:
Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located)
Scheduled Month Day Year
Estimated Month Day Year
construction start date:
completion dale: -
I declare under penalty of perjury in the second degree that the statements made in this application are true and
complete to the best of my knowledge.
Signature of owner, partner or corporate officer:
Titlo of corporate officer:
Date:
DU NUT INKITL 13E4UW I HIS L,INL
Special Notice
Contractors who have completed this application in the past, please note the following changes in procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contrac-
tors will receive a Contractor's Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the
project and complete it by filling in the subcontractor's name and address and signing it.
The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the
prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a
minimum of three years and be available for inspection in the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any applications
submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-
12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed-
ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in
sequence as this may delay processing of your application.
SECTION 00700
GENERAL CONDITIONS
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to
that document are shown by underlining text that has been added and
striking through text that has been deleted.
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
The Work is expected to be commenced within the time as required by Section 2.3
of General Conditions. Substantial Completion of the Work is required as
specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a
Payment Bond guaranteeing faithful performance and the payment of all bills and
obligations arising from the performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date
fixed for opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any
informalities and irregularities therein.
Bid security in the amount of not less than 50 of the total Bid must accompany
each Bid in the form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City
Council, shall have a financial interest in the sale to the City of any real or
personal property, equipment, material, supplies or services where such officer
or employee exercises directly or indirectly any decision -making authority
concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or
accepting any gift, gratuity favor, entertainment, kickback or any items of
monetary value from any person who has or is seeking to do business with the City
of Fort Collins is prohibited
City of Fort Collins
James B. O'Neill, II, CPPO, FNIGP
Purchasing/Risk Management Director
07/2001 Section 00020 Page 2
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number & Title
Number
1. DEFINITIONS.....................................................1
2. PRELIMINARY MATTERS ................................
3
1.1
Addenda ..... .......... ......... *.....................
1
2.1
Delivery of Bonds ............................3
1.2
Agreement ....................... I...................
1
2.2
Copies of Documents .........................
3
1.3
Application for Payment.......................1
2.3
Commencement of Contract
1.4
Asbestos.............................................1
Times; Notice to Proceed,,,,..,,,,,,,..
3
1.5
Bid ......... ......... ......... ...........1
2.4
Starting the Work..... ................
3
1.6
Bidding Documents.......... I..................1.
2.5-2.7
Before Starting Construction;
1.7
Bidding Requirements .........................1.
CONTRACTOR'S Responsibility
1.8
Bonds.................................................1
to Report; Preliminary Scheddes;
1.9
Change Order ........ .........
..........1
Delivery of Certificates of
1.10
Contract Documents ............................1.
Insurance
3-4
1.11
Contract Price ........ ......... ...........1
2.8
Preconstruction Conference..,,,,,,,,,,,
4
1.12
Contract Times ............................
...... 1
2.9
Initially Acceptable Schedules ..... ,,,,,,4
1.13
CONTRACTOR
I
1,14
defective.............................................1
3. CONTRACT DOCUMENTS: INTENT,
1.15
Drawings............................................1
AMENDING, REUSE .... ......................................
4
1.16
Effective Date of the Agreement,,,,.....,
1
3.1-3.2
Intent .............................................
4
1.17
ENGINEER .........................
.......... 1
3.3
Reference to Standards and Speci-
1.18
ENGINEER's Consultant ...... ................
I
fications of Technical Societies;
1.19
Field Order .........................................
I
Reporting and Resolving Dis-
1.20
General Requirements .........................2
crepancies.................................
4-5
1.21
Hazardous Waste
2
3.4
Intent of Certain Terms or
1.22.a
Laws and Regulations; Laws or
Adjectives.....................................5
Regulations......................................2
3.5
Amending Contract Docunents.........
5
1.22.b
Legal Holidays ....................................
2
3.6
Supplementing Contract
1.23
Liens
2
Documents
5
1.24
Milestone... .........................................
2
3.7
Reuse of Documents.........................$
1.25
Notice of Award ..................................
2
1.26
Notice to Proceed................................2
4. AVAILABILITY
OF LANDS;
1.27
OWNER.............................................2
SUBSURFACE AND PHYSICAL CONDITIONS;
1.28
Partial Utilization
2
REFERENCE
POINTS
5
1.29
PCBs .................... ............................
2
4.1
Availability of Lands ......................
5-6
1.30
Petroleum...........................................2
4.2
Subsurface and Physical
1.31
Project................................................7
Conditions ........ ....................... .....6
1.32.a
Radioactive Material ............................2
4.2.1
Reports and Drawings .......................
6
1.32.b
Regular Working Hours,,,..,..
.........2
4.2.2
Limited Reliance by CONTRAC-
1.33
Resident Project Representative .............
2
TOR Authorized; Technical
1.34
Samples..............................................2
Data.............................................6
1.35
Shop Drawings ..................... I .......
,...... 2
4.2.3
Notice of Differing Subsurface
1.36
Specifications ..............................*......
2
or Physical Conditions.,,...,,,,,..,.,,,
6
1.37
Subcontractor
2
4.2.4
ENGINEER's Review
6
1.38
Substantial Completion ........................
2
4.2.5
Possible Contract Documents
1.39
Supplementary Conditions,,,,,,,,,,,,,,,,,,
2
Change .......,,.......,,..............
,6
1.40
Supplier ................... ...........
..........2
4.2.6
Possible Price and Times
1.41
Underground Facilities ..................
...2-3
Adjustments.., ,,,,.....,,,........... *....
6-7
1.42
Unit Price Work,.,.
........, 3
4.3
Physical Conditions --Underground
1.43
Work
3
Facilities
7
1.44
Work Change Directive ..............I........3
4.3.1
Shown or Indicated ..........................
7
1,45
Written Amendment
3
4.3.2
Not Shown or Indicated
7
4.4
Reference Points ................................
7
ii E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number & Title
Number
4.5
Asbestos, PCBs, Petroleum,
6.25
Submittal Proceedures; CON -
Hazardous Waste or
TRACTOR's Review Prior
Radioactive Material....................7-8
to Shop Drawing or Sample
Submittal....................................16
5. BONDS AND INSURANCE .... I............................
8
6.26
Shop Drawing & Sample Submit-
5.1-5.2
Performance, Payment and Other
tals Review by ENGINEER ......
16-17
Bonds ..............................................
8
6.27
Responsibility for Variations
5.3
Licensed Sureties and Insurers;
From Contract Documents, ...........
17
Certificates of Insurance,,,,,,,,,,,,,,,,,,,,
8
6.28
Related Work Performed Prior
5.4
CONTRACTOR's Liability
to ENGINEER's Review and
Insurance ......................... I ................
9
Approval of Required
5.5
OWNER'S Liability Insurance,,,,,,,,,,,,,,
9
Submittals ,,..,,,,,,,,...,,..............
17
5.6
Property Insurance ................. ........9-10
6.29
Continuing the Work„ ..............17
5.7
Boiler and Machinery or Addi-
6.30
CONTRACTOR's General
tional Property Insurance..................10
Warranty and Guarantee,,,,_,,,,,,,,,
17
5.8
Notice of Cancellation Protision.........
10
6.31-6.33
Indemnification .........................17-18
5.9
CONTRACTOR's Responsibility
6.34
Survival of Obligations ...................18
for Deductible Amounts ....................
10
5.10
Other Special Insurance,,,,,,,,,,,,,,,,,,,,,
10
7. OTHER WORK .,,,,,,,.....,,,,............._..................18
5.11
Waiver of Rights,,,,. ......... .........11
7.1-7.3
Related Work at Site.,, .............,,18
5.t2-5.13
Receipt and Application of
7.4
Coordination...,,,,,,... I.....................19
Insurance Proceeds ......................
10-11
5.14
Acceptance of Bonds and Insu-
8. OWNER'S
RESPONSIBILITIES .........................18
ance; Option to Replace...................11
8.1
Communications to CON-
5.15
Partial Utilization --Property
TRACTOR.................................18
Insurance ................ I.......................11
8.2
Replacement of ENGINEER ............
18
8.3
Furnish Data andPay Promptly
6. CONTRACTOR'S
RESPONSIBILITIES ...............I
I
When Due18
6.1-6.2
Supervision and Superintendence,,,,,..
11
8.4
Lands and Easements; Reports
6.3-6.5
Labor, Materials and Equipment.,.
11-12
and Tests.............................
6.6
Progress Schedule ...............................12
8.5
Insurance,,,
....19
6.7
Substitutes and "Or -Equal" Items;
8.6
Change Orders ...............................
19
CONTRACTOR's Expense;
8.7
Inspections, Tests and
Substitute Construction
Approvals... ................................
19
Methods or Procedures;
8.8
Stop or Suspend Work;
ENGINEERs Evaluation
12-13
Terminate CONTRACTOR's
6.8-6.11
Concerning Subcontractors,
Services ......................................
19
Suppliers and Others;
8.9
Limitations on OWNER'S
Waiver of Rights .........................13-14
Responsibilities ............................
19
6.12
Patent Fees and Royalties ....... .........14
8.10
Asbestos, PCBs, Petroleum,
6.13
Permits.............................................14
Hazardous Waste or
6.14
Laws and Regulations ........................
14
Radioactive Material .....................
19
6.15
Taxes ..........................................
. 14-15
8.11
Evidence of Financal
6.16
Use of Premises .................................
15
Arrangements............................,
19
6.17
Site Cleanliness .................................
15
6.18
Safe Structural Loading.....................15
9. ENGINEER'S STATUS DURING
6.19
Record Documents
15
CONSTRUCTION
19
6.20
Safety and Protection ....................
15-16
9.1
OWNER's Representative...,,,,_,....,,
19
6.21
Safety Representative........,
...16
9.2
Visits to Site
19
6.22
Hazard Communication Programs,,,,..
16
9.3
Project Representative,,,,,,,,,,,,,,,,
19-21
6.23
Emergencies .....................................
16
9.4
Clarifications and Interpre-
6.24
Shop Drawings and Samples..............16
tations.........................................
21
9.5
Authorized Variations in Pbrk
21
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number & Title
Number
9.6
Rejecting Defective Work ...................21
13.8-13.9
Uncovering Work at ENGI-
9.7-9.9
Shop Drawings, Change Orders
NEER's Request .....................27-28
and Payments.....* .........................
21
13.10
OWNER May Stop the Work
9.10
Determinations for Unit Prices......
21-22
13.11
.........„28
Correction or Removal of
9.11-9.12
Decisions on Disputes; ENGI-
Defective Work ...........................28
NEER as Initial Interpreter..............22
13.12
Correction Period....
9.13
Limitations on ENGINEER'S
13.13
Acceptance ofDefective Work....,.,,,
28
Authority and Responsibilities....
22-23
13.14
OWNER May Correct Defective
Work .....................................
28-29
CHANGES IN THE WORK..........
.............................
23
10.1
OWNER's Ordered Change................23
14. PAYMENTS TO CONTRACTOR AND
10.2
Claim for Adjustment ........................23
COMPLETION.........................
29
10.3
Work Not Required by Contract
14.1
........................
Schedule of Values .........................29
Documents .....................................
23
14.2
Application for Progress
10.4
Change Orders ........ ... .......................23
Payment .....................................
29
10.5
Notification of Surety ........................23
14.3
CONTRACTOR'sWarranty of
Title...........................................29
CHANGE OF CONTRACT PRICE .............................23
14.4-14.7
Review of Applications for
11.1-11.3
Contract Price; Claim for
Progress Payments„................29-30
Adjustment; Value of
14.8-14.9
Substantial Completion..................30
the Work ..................................
23-24
14.10
Partial Utilization ..,,,,,,.......„.,,,,30-31
11.4
Cost of the Work...........................24-25
14.11
Final Inspection,,,_......,,,,,,,......„
31
11.5
Exclusions to Cost of the Work ........
25
14.12
Final Application for Payment
31
11.6
CONTRACTOR's Fee ........................
25
14.13-14.14
........
Final Payment and Acceptance
31
11.7
Cost Records
25-26
14.15
Waiver of Claims
.......
11.8
Cash Allowances...............................26
11.9
Unit Price Work....... I.........................26
15. SUSPENSION OF WORK AND
TERMINATION
...............................
32
CHANGE OF CONTRACT TIMES ............................26
15.1
OWNER May Suspend Work
32
12.1
Claim for Adjustment ........................26
15.2-15.4
..........
OWNER May Terminate .................
32
12.2
Time of the Essence........... I..............26
15.5
CONTRACTOR May Stop
12.3
Delays Beyond CONTRACTOR's
Work or Terminate ..................
32-33
Control ......................................
26-27
12.4
Delays Beyond OWNER's and
16. DISPUTE RESOLUTION ..................................
33
CONTRACTOR's Control27
17. MISCELLANEOUS...........................................33
TESTS AND
INSPECTIONS; CORRECTION,
17.1
Giving Notice ..... ........................
33
REMOVAL OR ACCEPTANCE OF
17.2
Computation of Times....................33
DEFECTIVE
WORK..................................................27
17.3
Notice of Claim ...............................
33
13.1
Notice ofDefects„ .............................27
17.4
Cumulative Remedies ......................
33
13.2
Access to the Work ............................27
17.5
Professional Fees and Court
13.3
Tests and Inspections;
Costs Included*...........................33
CONTRACTOR's Cooperation........,
27
17.6
Applicable State Laws ...............
33-34
13.4
OWNER'S Responsibilities;
Intentionally
left blank.......................................35
Independent Testing Laboratory,,....
27
13.5
CONTRACTOR's
EXHIBIT GC -A:
(Optional)
Responsibilities...............................27
Dispute Resolution Agreement...
GC-Al
13.6-13.7
Covering Work Prior to Inspec-
16.1-16.6
...................
Arbitration .............................
GC -AI
tion, Testing or Approval.................27
16.7
Mediation.. ..............................
GC-A1
iv E.ICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of --
Bonds and Insurance........................................5.14
defective Work............................10.4.1, 13.5, 13.13
final payment ......... ......................9.12, 14.15
insurance.........................................................5.14
other Work, by CONTRACTOR ..............
...........*7.3
Substitutes and "Or -Equal" Item*......................6.7.1
Work by OWNER,,,,,,,,,,,,,,,,,,,,,, ,,,,,2.5, 6.30, 6.34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities ............................................. 4.1
site, related Work...............................................7.2
Work...........................................13.2, 13.14, 14.9
Acts or Omissions--, Acts and Omissions--
CONTRACTOR...................................6.9.1, 9.13.3
ENGINEER .......................................... 6.20, 9.13.3
OWNER .......................... ..... .................... 6.20, 8.9
Addenda --definition of (also see
definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1
Additional Property Insurances ................................. 5.7
Adjustments --
Contract Price or Contract
Times ...........................j.5, 3.5, 4.1, 4.3.2, 4.5.2,
.............................4.5.3, 9.4, 9.5, 10.2-10.4,
.........................................11, 12, 14.8, 15.1
progress schedule ..................... I ......................... 6.6
Agreement --
definition of ..... ... ..............................................1.2
"All -Risk" Insurance, policy form............................5.6.2
Allowances, Cash ................................................... 11.8
Amending Contract Documents ................................ 3.5
Amendment, Written --
in general................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2
..........................6.8.2, 6.19, 10.1, 10.4, 11.2
.............. ............ I......... 12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5
Application for Payment --
definition of ............................... ...1.3
.................... .
ENGINEER's Responsibility ............................... 9.9
final payment,,,,,,,,,,,,,,,,,, 9.13.4, 9.13.5, 14.12-14.15
in general ........................1.2.8, 2.9, 5.6.4, 9.10, 15.5
progress payment ............ I ............. I............ 14.1-14.7
review of................................................:.14.4-14.7
Arbitration .............
........................................
16.1-16.6
Asbestos --
claims pursuant thereto..........................4.5.2, 4.5.3
CONTRACTOR authorized to stop Work ..... I .... 4.5.2
definitionof.......................................................1.A
Article or Paragraph
Number
OWNER responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,,
4.5.1, 8.10
possible price and times change ........
.......... 4.5.2
Authorized Variations in Work,,.,,,,,,
3.6, 6.25, 6.27, 9.5
Availability of Lands.........................................4.1,
8.4
Award, Notice of--defined.......................................1.25
Before Starting Constructioq... .........
... .....2.5-2.8
Bid --definition of ......................... 1,5
(1.1, 1.10, 2.3, 3.3,
........................4.2.6.4, 6.13, 11.4.3, 11.9.1)
Bidding Documents --definition
of...................................................1.6
(6.8.2)
Bidding Requirements --definition
of..........................................1.7
(1.1, 4.2.6.2)
Bonds --
acceptance of....................................................5.14
additional bonds..................................10.5,
11.4.5.9
Cost of the Work11.5.4
definition of.......................................................1.8
delivery of...................................................2.1,
5.1
final Application for Payment.................14.12-14.14
general .....................................
1.10, 5.1-5.3, 5.13,
........................................9.13,
10.5, 14.7.6
Performance, Payment and Other...................5.1-5.2
Bonds and Insurance --in general.................................5
Builder's risk "all-risk" policy form ........................5.6.2
Cancellation Provisions, Insurance .........
5.4.11, 5.8, 5.15
Cash Allowances....................................................11.8
Certificate of Substantial Completion,......,
1.38, 6.30.2.3,
..................................................14.8,
14.10
Certificates of Inspection ....................9.13.4,
13.5, 14.12
Certificates of Insurance ............2.7,
5.3, 5.4.11, 5.4.13,
.......................5.6.5, 5.8,
5.14, 9.13.4, 14.12
Change in Contract Price --
Cash Allowances.......................................:.......11.8
claim for price
adjustment,,,........, 4.1, 4.2.6,
4.5, 5.15, 6.8.2, 9.4
...................9.5, 9.11, 10.2,
10.5, 11.2, 13.9,
...................... .13,13, 13.14,
14.7, 15.1, 15.5
CONTRACTOR's fee.........................................11.6
Cost of the Work
general .......... .....................................
11.4-11.7
Exclusions to>..............................................11.5
CostRecords.....................................................1
1.7
in general_____,.,,,,_ J.19, 1.44, 9.11,
10.4.2, 10.4.3, 11
Lump Sum Pricing..........................................11.3.2
Notification of Surety.........................................10.5
Scope of ............... .......,
,,,,,..10.3-10.4
Testing and Inspection,
Uncovering the Work ..................................
13.9
v E.ICDC GENERAL CONDI FIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Unit Price Work,,,,,,,,,,,,,,,,,,11.9
Article or Paragraph
Number
Value of Work..................................................11.3
Change in Contract Times --
Claim for times adjustmenl........
4.1, 4.2.6, 4.5, 5.15,
............ 6.8.2, 9.4, 9.5, 9.11,
10.2, 10.5, 12.1,
...............13.9, 13.13, 13.14, 14.7, 15.1, 15.5
Contractual time limits .............................
......12.2
Delays beyond CONTRACTOR's
control., .....................................................
12.3
Delays beyond OWNER's and
CONTRACTOR's control
12.4
Notification of surety ...............
......... .........10.5
Scope of change........................................10.3-10.4
Change Orders --
Acceptance ofDefective Work....
I.....................13.13
Amending Contract Documents,,,,,,,,,,,,,,,,,,,,,,,„.3.5
Cash Allowances11.8
Change of Contract Price.....................................11
Change of Contract Times...................................12
Changes in the Work .........
......... ........10
CONTRACTOR's fee........................................11.6
Cost of the Work.......................................11.4-11.7
Cost Records....................................................11.7
definition of......................................................1.9
emergencies....................................................
6.23
ENGINEER's responsibility .......
9.8, 10.4, 11.2, 12.1
execution of... .................. I ................................
10.4
Indemnifiction .........................6.12,
6.16, 6.31-6.33
Insurance, Bonds and ,.,,,,,,................
5.10, 5.13, 10.5
OWNER may terminate .........
............15.2-15.4
OWNER's Responsibility ...........................8.6,
10.4
Physical Conditions --
Subsurface and..............................................4.2
Underground Facilities--.............................4.3.2
Record Documents ,
6.19
Scope of Change ........ .........
..._........10.3-10.4
Substitutes.............................................6.7.3,
6.8.2
Unit Price Work ................................................
11.9
value of Work, covered by.................................11.3
Changes in the Work.................................................10
Notification of surety.........................................10.5
OWNER's and CONTRACTOR's
responsibilities ............................................
10.4
Right to an adjustment .......................
I .............. 10.2
Scope of change ........ .........
.............10.3-10.4
Claims --
against CONTRACTOR....................................6.16
against ENGINEER.. .......,
........ .......6.32
against OWNER .........................
I.....................6.32
Change of Contract Price ..........................
9.4, 11.2
Change of Contract Times,,,,,.,.
............ 9.4, 12.1
CONTRACTOR's ............. 4, 7.1,
9.4, 9.5, 9.11, 10.2,
.................. I ........ 11.2, 11.9,
12.1, 13.9, 14.8,
............................................15.1,
15.5, 17.3
Vi
CONTRACTOR's Fee „.....11.6
Article or Paragraph
Number
CONTRACTOR's liability ........... 5A, 6.12, 6.16, 6.31
Cost of the Work11.4,
11.5
Decisions on Disputes...............................9.11,
9.12
Dispute Resolution............................................16.1
Dispute Resolution Agreement,,,,,,,,,,,,,,,,,,,
16.1-16.6
ENGINEER as initial interpretor.....
.............Q.11
Lump Sum Pricing .........................................
J 1.3.2
Noticeof...........................................................17.3
OWNER'S ................... 9.4, 9.5, 9.11,
10.2, 11.2, 11.9
.................. I ..... 12.1,13.9,13.13,13.14,17.3
OWNER's liability............................................5.5
OWNER may refuse to make payment„
.............„14.7
Professional Fees and Court Costs
Included.............................. ........................17.5
request for formal decision on............................9.11
Substitute Items6.T1.2
Time Extension.................................................12.1
Time requirements...................................9.11,
12.1
Unit Price Work,
11.9.3
Valueof...........................................................1,1.3
Waiver of --on Final Payment.................14.14,
14.15
Work Change Directive......................................10.2
written notice required ......................9.11,
11.2, 12.1
Clarifications and Interpretations.,.,,,..
3.6.3, 9.4, 9.11
CleanSite........................................r..................6.17
Codes of Technical Society, Organization
or Association .................................................
3.3.3
Commencement of Contract Times.. ...............
I .......... 2.3
Communications--
general..............................................6.2,
6.9.2, 8.1
Hazard Communication Programs .....................6.22
Completion --
Final Application for Payment ..................
I....... 1.4.12
Final Inspection ................ . ...... *
............ 14.11
Final Payment and Acceptance ...............14.13-14.14
Partial Utilization14,10
Substantial Completion .....................1.38,
14.8-14.9
Waiver of Claims .............................................
14.15
Computation of Times...............................17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others
6.8-6.11
Conferences --
initially acceptable schedules ...............
I.............. 2.9
preconstructi on ................ .........
............... 2.8
Conflict, Error, Ambiguity, Discrepancy --
CONTRACTOR to Report ..........................2.5,
3.3.2
Construction, before starting by
CONTRACTOR .................. .......................
...2.5-2.7
Construction Machinery, Equipment, etc,,,,,,,,,,,,,,,,,,
6.4
Continuing the Work ...........................
...I....6.29, 10.4
Contract Documents --
Amending..........................................................3.5
Bonds.............................................................5.1
F.IMC GENERAL CONDITIONS 1910-9 (1990 EDI"LION)
wl CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances11.8
Article or Paragraph
Number
Change of Contract Price..,,,,..... I ........................
I I
Change of Contract Times ..... ........... ..........*
...... ,, 12
Changes in the Work.................................10.4-10.5
check and verify................................................2.5
Clarifications and
Interpretations, ......................... 3.2, 3.6,
9.4, 9.11
definition of.....................................................1.10
ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,,
9.11
ENGINEER as OWNER's representative..............9.1
general3
Insurance...........................................................5.3
Intent ... ......................................................
3.1-3.4
minor variations in the Work
................................
3.6
OWNER's responsibility to furnish data...............83
OWNER's responsibility to make
prompt payment ......................... 8.3, 14.4,
14.13
precedence ................. ......... ..........3.1,
3.3.3
Record Documents............................................6.19
Reference to Standards and Specifications
of Technical Societies ...............................
3.3
RelatedWork.....................................................7.2
Reporting and Resolving Discrepancies......
... 2.5, 3.3
Reuseof............................................................
3.7
Supplementing..................................................
3.6
Termination of ENGINEER's Employment
.......... 8.2
Unit Price Work................................................11.9
variations ................ I.........................3.6,
6.23, 6.27
Visits to Site, ENGINEER's................................
9.2
Contract Price --
adjustment of..... ...... ___3.5, 4.1, 9.4, 10.3,
11.2-11.3
Changeof...........................................................11
Decision on Disputes........................................9.11
definition of .......................................................
1.11
Contract Times --
adjustment of ..........................3.5, 4.1, 9.4. 10.3, 12
Change of .................. ...............................
12.1-12.4
Commencement of.............................................2.3
definition of....................................................1.12
CONTRACTOR --
Acceptance of Insurante...................................
5.14
Communications ......... ......... ... ........6.2,
6.9.2
Continue Work...,_..................................6.29,
10.4
coordination and scheduling............................6.9.2
definition of ...............................
1.13
Limited Reliance on Technical
Data Authorized.........................................4.2.2
May Stop Work or Terminate............................15.5
provide site access to others .......................
7.2, 13.2
Safety and Protection ...................4.3.1.2, 6.16, 6.18,
...... ....................... .........6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal6.25
vii
Stop Work requirements..................................4.5.2
CONTRACTOR's—
Article or Paragraph
Number
Compensation ....... .....................................
11.1-11.2
Continuing Obligation.....................................14.15
Defective Work .............* .............. I ... 9.6, 13.10-13.14
Duty to correct defective Work ..........................13.11
Duty to Report --
Changes in the Work caused by
Emergency ...........................................
6.23
Defects in Work of Others.............................7.3
Differing conditions...................................4.2.3
Discrepancy in Documents,,,,..,, 2.5, 3.3.2, 6.14.2
Underground Facilities not indicated...,,,,,..
4.3.2
Emergencies.....................................................6.23
Equipment and Machinery Rental, Cost
of the Work...........................................11.4.5.3
Fee --Cost Plus...........................11.4.5.6, 11.5.1,
11.6
General Warranty and Guarantee .......................6.30
Hazard Communication Programs ......................6.22
Indemnification ................. .....6.12, 6.16,
6.31-6.33
Inspection of the Work ...............................
7.3, 13.4
Labor, Materials and Equipment .............. ......
6.3-6.5
Laws and Regulations, Compliance by_____
6.14.1
Liability Insurance..............................................5.4
Notice of Intent to Appeal ..........................9.10,
10.4
obligation to perform and complete
theWork....................................................6.30
Patent Fees and Royalties, paid for by................6.12
Performance and Other Bonds
5.1
Permits, obtained and paid for by.......................6.13
Progress Schedule.._.......................2.6, 2.8, 2.9, 6.6,
............................I...........6.29, 10.4, 15.2.1
Request for formal decisionon disputes,,,,,,,,,,,,,,
9.11
Responsibilities --
Changes in the Work .................................
.. 10.1
Concerning Subcontractors, Suppliers
and Others......................................6.8-6.11
Continuing the Work ..........................6.29,
10.4
CONTRACTOR's expense, ....... .............
6.7.1
CONTRACTOR's General Warranty
and Guarantee6.30
CONTRACTOR's review prior to Shop
Drawing or Sample submittal,,,,,,,,,,,,,,,„6.25
Coordination of Work
6.9.2
Emergencies...............................................6.23
ENGINEER's evaluation, Substitutes
or "Or -Equal" Items .............................
6.7.3
For Acts and Omissions
of Others .... ......................... 6.9.1-6.9.2, 9.13
for deductible amounts, insurance...................5.9
general., ...................................... 6, 7.2,
7.3, 8.9
Hazardous Communication Programs...,,,,,,,
6.22
Indemnification
6.31-6.33
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (RF.V 9/99)
Labor, Materials and Equipment..............6.3-6.5
Laws and Regulations.,,,,,...*...................I....6.14
Liability Insurance ......... I ...................... 5.4
Article or Paragraph
Number
Notice of variation from Contract
Documents
5.27
Patent Fees and Royalties ........ I ....... I .......
I....6.12
Permits.......................................................6.13
Progress Schedule.........................................6.6
Record Documents6.19
related Work performed prior to
ENGINEER's approval of required
submittals .............................................
6.28
safe structural loading................................6.18
Safety and Protection ......... .......6,20,
7.2, 13.2
Safety Representative ..................... ...........
...6.21
Scheduling the Work..................................6.9.2
Shop Drawings and Samples,,,,,,,,,,,,,,,,,,,,,,,
6.24
Shop Drawings and Samples Review
by ENGINEER......................................6.26
Site Cleanliness ...........................................
6.17
Submittal Procedures ...................................
6.25
Substitute Construction Methods
and Procedures6.7.2
Substitutes and "Or -Equal" Items................6.7.1
Superintendence ...........................................
6.2
Supervision....................................................1
6
Survival of Obligations ..... I ...... I ....... I .......
,,,,6.34
Taxes... ..... .................................................
6.15
. Tests and Inspections..................................13.5
To Report ............. ......... .........
....... 2.5
Use of Premises......................6.16-6.18,
6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal ........................................
6.25
Right to adjustment for changes in the Work......10.2
right to claim,,,....,,,, 4, 7.1, 9.4, 9.5, 9.11,
10.2,11.2,
.......... 11.9112.1,13.9,14.8,15.1,15.5,17.3
Safety and Protection .................. 6.20-6.22,
7.2, 13.2
Safety Representative .......................................
6.21
Shop Drawings and Samples Submittals .....
6.24-6.28
Special Consultants ........ ............... I ........ ,........
11.4A
Substitute Construction Methods and Procedures 6.7
Substitutes and "Or -Equal" Items,
Expense........ ... _ ...... __ .... _____.,6.7.l,
6.7.2
Subcontractors, Suppliers and Others,,,,,,,,,,
6.8-6.11
Supervision and Superintendence .......... 6.1,
6.2, 6.21
Taxes, Payment by...........................................6.15
Use of Premises .........................................
6.16-6.18
Warranties and guarantees ..................... .....
6.5, 6.30
Warranty of Title ....... ......... ......... ........14.3
Written Notice Required --
CONTRACTOR stop Work or terminate
..... ..15.5
Reports of Differing Subsurface
and Physical Conditions .......................4.2.3
Substantial Completion................................14.8
CONTRACTORS --other .... .......................................... 7
Contractual Liability Insurance..............................5. 4.10
Contractual Time Limits12.2
Article or Paragraph
Number
Coordination—
CONTRACTOR's responsibility ........................6.9.2
Copies of Documents ...............................................
2.2
Correction Period..................................................13.12
Correction, Removal or Acceptance
of Defective Work--
in general...................................10.4.1,
13.10-13,14
Acceptance of Defective Work ..........................13.13
Correction or Removal of
Defective Work...............................„6.30,
13.11
Correction Period
13.12
OWNER May Correct Defective Work
........... J 3.14
OWNER May Stop Work.................................13.10
Cost --
of Tests and Inspections,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
13.4
Records 11.7
Cost of the Work --
Bonds and insurance, additional ...................11.4.5.9
Cash Discounts ................................................
11.4.2
CONTRACTOR's Fee ........................................
11.6
Employee Expenses......................................11.4.5.1
Exclusions to ....................................................
11.5
General11.4-11.5
Home office and overhead expenses,,,,,,,,,,,,,,,,,,,
11.5
Losses and damages.....................................11.4.5.6
Materials and equipment.................................11.4.2
Minor expenses ................. .........
........11.4.5.8
Payroll costs on changes ........... ........
........„11.4.1
performed by Subcontractors .........
..........1.1.4.3
Recordsll.7
Rentals of construction equipment
and machinery.......................................11.4.5.3
Royalty payments, permits and
license fees11.4.5.5
Site office and temporary facilities ................11.4.5.2
Special Consultants, CONTRACTORS ....
,,,.... ,11.4.4
Supplemental .................................
.I.........11.4.5
Taxes related to the Work............................11.4.5.4
Tests and Inspection..........................................13.4
Trade Discounts ..............................................
11.4.2
Utilities, fuel and sanitary facilities ..............11.4.5.7
Work after regular hours,,,,,,,,,,,,,,, ................
..11.4.1
Covering Work .................... ....... ....................
13.6-13.7
Cumulative Remedies
.....................................
17.4-17.5
.
Cutting, fitting and patching....................................7.2
Data, to be furnished by OWNER..., .....
.............. 8.3
Day --definition of ............17.2.2
.................................
Decisions on Disputes..................................9.11,
...
9.12
defective --definition of_.1,,___,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1.14
defective Work --
Acceptance of.......................................10.4.1,
13.13
F..ICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Correction or Removal of......................10.4.1, 13.11
Correction Period ........................................... 13.12
in general.........................................13, 14.7, 14.11
Article or Paragraph
Number
Observation by ENGINEER ................................
9.2
OWNER May Stop Work.................................13.10
Prompt Notice of Defects .................
„13 1
Rejecting...........................................................9.6
Uncovering the Work.......................................13.8
Definitions
Delays . ... ................................. 4.1, 6.29, 12.3-12.4
Delivery of Bonds.....................................................2.1
Delivery of certificates of insurance ............................2.7
Determinations for Unit Prices,,..... I ........................
9 10
Differing Subsurface or Physical Conditions --
Notice of.........................................................4.2.3
ENGINEER'sReview
4.2.4
Possible Contract Documents Change,,,,,,,,,,,,,,
4.2.5
Possible Price and Times Adjustments..............4.2.6
Discrepancies -Reporting
and Resolving................................2.5, 3.3.2,
6.14.2
Dispute Resolution--
Agreement................................................16.1-16.6
Arbitration .... ............. ...............................
16.1-16.5
general16
Mediation........................................................16.6
Dispute Resolution Agreement .........................1.6.1-16.6
Disputes, Decisions by ENGINEER ..................
9.11-9.12
Documents --
Copiesof...........................................................2.2
Record 6,19
Reuse of
Drawings --definition of..........................................1.15
Easements.....................................I......4.1
.................
Effective date of Agreement -- definition of .............1.16
Emergencies ................................ ..........................
. .23
ENGINEER --
as initial interpreter on disputes ................ .....
definition of....................................................1.17
Limitations on authority and responsibilities..,,,
9.13
Replacement of..................................................8.2
Resident Project Representative ...........................9.3
ENGINEER's Consultant -- definition of..................1
18
ENGINEER's--
authority and responsibility, limitations on
......... 9.13
Authorized Variations in the Work..................
... 9.5
Change Orders, responsibility for......9.7,
„
10, 11, 12
Clarifications and Interpretations ...............3.6.3,
9.4
Decisions on Disputes...... I ........................
9.11-9.12
defective Work, notice of..................................13.1
Evaluation of Substitute Items ..........................6.7.3
Liability......................................I............6.32,
9.12
Notice Work is Acceptable...............................14.13
Observations...........................................6.30.2,
9.2
ix
OWNER's Representative....................................9.1
Payments to the CONTRACTOR,
Responsibility for 9.9, 14
Recommendation of Payment ....................14.4, 14.13
Article or Paragraph
Number
Responsibilities --Limitations on.................9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions.............................4.2.4
Shop Drawings and Samples, review
responsibility ..............................................
j6.26
Status During Construction --
authorized variations in the Work ....
............9.5
Clarifications and Interpretations ..................9A
Decisions on Disputes .........................
9.11-9.12
Determinations on Unit Price ,,,,,,,,,,,,,,,,,,,,,,,
9.10
ENGINEER as Initial Interpreter ..........
9.11-9.12
ENGINEER'S Responsibilities ..... .........9.1-9.12
Limitations on ENGINEER's Authority
and Responsibilities..............................9.13
OWNER's Representative ................
............9.1
Project Representative...................................9.3
Rejecting Defective Work..............................9.6
Shop Drawings, Change Orders
and Payments....................................9.7-9.9
Visits to Site
Unit Price determinations ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9.10
Visits to Site,,,,,,,,,,,,,,,,,,,,,,9.2
Written consent required ....... ...... ........
*,,,,._ 7.2, 9.1
Equipment, Labor, Materials and,,,,,,,,,,,,,,,,,,,,,,,,
6.3-6.5
Equipment rental, Cost of the Work ..................
11.4.5.3
Equivalent Materials and Equipment„.......................6.7
error or omissions
Evidence of Financial Arrangements,,,,,,,,,,,,,,,,,,,,,,,8.11
Explorations of physical conditions ..............
*.......... .2.1
Fee, CONTRACTOR's--Costs Plus ...........................11.6
Field Order --
definition of1.19
issued by ENGINEER ................................
3.6.1, 9.5
Final Application for Payment ..............................
14.12
Final Inspection ...................................................
14.11
Final Payment --
and Acceptance .............. ..............*.........14.13-14.14
Prior to, for cash allowances
11.8
General Provisions .......... ................................
17.3-17.4
General Requirements --
definition of.....................................................1.20
principal references to..............2.6, 6.4,
6.6-6.7, 6.24
Giving Notice ................. .........................................
17.1
Guarantee of Work --by CONTRACTOR........6.30,
14.12
Hazard Communication Programs .........................
6.22
Hazardous Waste --
definition of.....................................................1.21
general ..............................................................
4.5
OWNER's responsibility for...............................8.10
EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Indemnification.............................6.12,
6.16, 6.31-6.33
Initially Acceptable Schedules...................................2.9
Inspection --
Certificates of..............................9.13.4,
13.5, 14.12
Final ....... .........
...................14.11
Article or Paragraph
Number
Special, required byENGINEER,,,,,,,,,,,,,,,,,,,,,,,,,9.6
Tests and Approval .................. ........$.7, 13.3-13.4
Insurance --
Acceptance of, by OWNER...............................5.14
Additional, required by changes
in the Work............................................11.4.5.9
Before starting the Work ...................... .........
*...2.7
Bonds and --in general..........................................5
Cancellation Provisions
5.8
Certificates of ................... 2.7, 5, 5.3, 5.4.11,
5.4.13,
........................5.6.5, 5.8, 5.14, 9.13.4,
14.12
completed operations ...............................
.......5.4.13
CONTRACTOR's Liability..................................5.4
CONTRACTOR's objection to coverage,,,,,,,,,,,,,
5.14
Contractual Liability......................................5.4.10
deductible amounts, CONTRACTOR's
responsibility................................................5.9
Final Application for Payment ........ ..............14.12
Licensed Insurers...............................................5.3
Notice requirements, material changes ........
5.8. 10.5
Option to Replace.............................................5.14
other special insurances .... .. ...........................
5.10
OWNER as fiduciary for insureds ............5.12-5.13
OWNER's Liability............................................5.5
OWNER's Responsibility ....................................
8.5
Partial Utilization, Property Insurance,,,,,,,,,,,,,,,5.15
Property....................................................
5.6-5.10
Receipt and Application of Insurance
Proceeds ...............................................
5.12-5.13
Special Insurance .............................................
5.10
Waiver of Rights..............................................5.11
Intent of Contract Documents..............................3.1-3.4
Interpretations and Clarifications .............I........3.6.3,
9.4
Investigations of physical condition,.;. ..................
....... 4..2
Labor, Materials and Equipment .............. .............
6.3-6.5
Lands --
and Easements...................................................8.4
Availability of.............................................4.1,
8.4
Reports and Tests...............................................8.4
Laws and Regulations --Laws or Regulations--
Bonds........................................................5.1-5.2
Changes in the Work .......................................
10.4
Contract Documents.......................„.,.,,,_,,,,,,,,...3.1
CONTRACTOR's Responsibilities .....................6.14
Correction Period, defective Work....................13.12
Cost of the Work, taxes ............ ..............
11.4.5.4
definition of.....................................................1.22
general6.14
Indemnification ........................................
6.31-6.33
x
Insurance...........................................................
Precedence ...............................................
3.1, 3.3.3
Reference to....................................................3.3.1
Safety and Protection................................6.20,
13.2
Subcontractors, Suppliers and Others .,,,,,...„6.8-6.11
Article or Paragraph
Number
Tests and Inspections...............................
....13.5
Use of Premises,,,,,,,,,,,,,,,, ......... .............
6.16
Visits to Site.......................................................9.2
Liability Insurance--
CONTRACTORs...................................... . ........
5.4
OWNERs...........................................................5.5
Licensed Sureties and Insurers..
...............................
, 5.3
Liens --
Application for Progress Payment,,,,,,,,,,,,,,,,,,,,,,
14.2
CONTRACTOR's Warranty of Title„ .............14.3
Final Application for Payment........ I................A4.12
definition of.....................................................1.23
Waiver of Claims14.15
Limitations on ENGINEER's authority and
responsibilities.................................................
9.13
Limited Reliance by CONTRACTOR
Authorized ......................................................
4.2.2
Maintenance and Operating Manuals --
Final Application for Payment .........................
1.4.12
Manuals (of others)--
Precedence...................................................
3.3.3.1
Reference to in Contract Documents,,,,,,,,,,,,,,,,,
3.3.1
Materials and equipment --
furnished by CONTRACTOR .............................
6.3
not incorporated in Work .............. I....................14.2
Materials or equipment --equivalent___ ...... ____ ....
__.__6.7
Mediation (Optional) ......................... I....__..........._..16.7
Milestones --definition of........................................).24
Miscellaneous --
Computation of Times .......................................
17.2
Cumulative Remedies
17A
Giving Notice....................................................ITT
Notice of Claim.................................................17.3
Professional Fees and Court Costs Included, ........
17.5
Multi -prime contracts.................................................7
Not Shown or Indicated...............„.,,,,,.,,,,,,,,...,..,,,4.3.2
Notice of --
Acceptability of Project.....................................14.13
Award, definition of.,........................................1.25
Claim............................................................17.3
Defects,13.1
Differing Subsurface or Physical Conditions......4,2-3
Giving ................................. .
..........................
17.1
Tests and Inspections........................................13.3
Variation, Shop Drawing and Sample .............6.27
Notice to Proceed --
definition of .................................................... I'.26
givingof ....... ............................................ I......... 2.3
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Notification to Surety,,,,,,,,,,,,,,,,,,,,
,,,,,,,10.5
Observations, by ENGINEER .........
........... 6.30, 9.2
Occupancy of the Work,,,,,,,,,,,,,,,,,,,
5.15, 6,30.2.4, 14.10
Omissions or acts by CONTRACTOR...............6.9, 9.13
Open Peril policy form, Insurance ......................
5..6.2
Option to Replace ...................................................
5.14
Article or Paragraph
Number
"Or Equal" Items......................................................6.7
Other work 7
Overtime Work --prohibition of.................................6.3
OWNER --
Acceptance ofdefective Work ..........................1.3.13
appoint an ENGINEER......................................8.2
as fiduciary ................................... ............
5.12-5.13
Availability of Lands, responsibility ....................4.1
definition of .......................................................
1.27
data, furnish......................................................8.3
May Correct Defective Work ............... I ............
13.14
May refuse to make payment ............ ...............14.7
May Stop the Work.........................................13.10
May Suspend Work,
Terminate ........................... 8.8, 13.10,
15.1-15.4
Payment, make prompt.....................8.3, 14.41
14.13
performance of other work,,,,,,,,,,,,,,,,,, I
... 7.1
permits and licenses, requirements ...................6.13
purchased insurance requirements .............
OWNER's--
Acceptance of the Work...............................6.30.2.5
Change Orders, obligation to execute ,,,,,.„..8.6,
10.4
Communications .................................................
9.1
Coordination of the Work ...................................
7.4
Disputes, request for decision............................9.11
Inspections, tests and approvals..................8.7,
13.4
Liability Insurance .............................................
5.5
Notice of Defects13.1
Representative --During Construction,
ENGINEER's Status......................................9.1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material .................
8.10
Change Orders..............................................8.6
Changes in the Work...................................10.1
communications8.1
CONTRACTOR's responsibilities ..................
8.9
evidence of financial arrangement s...............8.11
inspections, tests and approvals,,,,,,,,,,,,,,,,,,,,,
8.7
insurance......................................................8.5
lands and easements,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,.,,,,.8.4
prompt payment by........................................8.3
replacement of ENGINEER ............................8.2
reports and tests...........................................8.4
stop or suspend Work .................. 8.8, 13.10,
15.1
terminate CONTRACTOR's
services..........................................8.8,
15.2
separate representative at site, ..... _ ........ ___
.... _9.3
xi
testing, independent.........................................13.4
use or occupancy
of the Work,,,,,,,,, 5.15, 6.30.2.4, 14.10
written consent or approval
required.........................................9.1, 6.3, 11.4
E.ICDC GENERAL, CONDITIONS 1910-8 (1990 EDITION)
wl CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
SECTION 00100
INSTRUCTIONS TO BIDDERS
Article or Paragraph
Number
written notice required .........................7.1,
9.4, 9.11,
.......... .......................... 11.2,11.9,14.7,15.4
PCBs --
definition of.....................................................1.29
general..............................................................4.5
OWNER's responsibility for...............................8.10
Partial Utilization --
definition of......................................................1.28
general 6.30.2.4, 14.10
Property Insurance............................................5.15
Patent Fees and Royalties .......................................
6.12
Payment Bonds...................................................5.1-5.2
Payments, Recommendation of..............14.4-14.7,
14.13
Payments to CONTRACTOR and Completion
--
Application for ProgressPayments ......................14.2
CONTRACTOR's Warranty of Title...................14.3
Final Application for Payment ..........................14.12
Final Inspection ..............................................
14.11
Final Payment and Acceptance ................14.13-14.14
general ................................ .........................
8.3, 14
Partial Utilization, ..........................................
14.10
Retainage.........................................................
14.2
Review of Applications for
Progress Payments ...............................
14.4-14.7
promptpayment..................................................8.3
Schedule of Values ............................................
14.1
Substantial Completion, ......................
....... 14.8-14.9
Waiver of Claims .............................................
14.15
when payments due ................................
14.4, 14.13
withholding payment... .........
...................14.7
Performance Bonds, ...........................................
5.1-5.2
Permits ..............................................................
6.13
Petroleum —
definition of......................................................1.30
general..............................................................4.5
OWNER's responsibility for...............................8.10
Physical Conditions --
Drawings of, in or relating to ........................
4.2.1.2
ENGINEER's review .........................................
4.2.4
existing structures ......................................
....4.2.2
general4.2.1.2..........................................................
Notice of Differing Subsurface or......................4.2.3
Possible Contract Documents Change...............4.2.5
Possible Price and Times Adjustments...............4.2.6
Reports and Drawings ......................................
4.2.1
Subsurface and ...................................................
4.2
Subsurface Conditions ....................................
4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized .......................
4.2.2
Underground Facilities--
general........................................................
4.3
Not Shown or Indicted..............................4.3.2
Protection of ........................................
4.3, 6.20
xii
Article or Paragraph
Number
Shown or Indicated ................................................
4.3.1
Technical Data ...............................................
4.2.2
Preconstruction Conference.......................................2.8
Preliminary Matters.....................................................2
Preliminary Schedules..............................................2.6
Premises, Use of ............. ....................... *
....... * 6.16-6.18
Price, Change of Contract:..........................................11
Price, Contract --definition of ..................................
I.11
Progress Payment, Applications for..........................14.2
Progress Payment--retainage....... .......... I................
14.2
Progress schedule, CONTRACTOR's............2.6,
2.8, 2.9,
........I ........................ 6.6, 6.29,
10.4, 15.2.1
Project --definition of...............................................1.31
Project Representative--
ENGINEER's Status During Construction
.............9.3
Project Representative, Resident --definition of .........1.33
prompt payment by OWNER..
...................................
.8.3
Property Insurance--
Additional.........................................................5.7
general5.6-5.10
Partial Utilization................................5.15,
14.10.2
receipt and application of proceeds.............5.12-5.13
Protection, Safety and..............................6.20-6.21,
13.2
Punch list..........................................................14.11
Radioactive Material—
defintion of.....................................................1.32
general4.5
OWNER's responsibility for...............................8.10
Recommendation of Payment..................14.4, 14.5, 14.13
Record Documents .................
6.19, 14.12
Records, procedures for maintaining ..........................2.8
Reference Points ........................................................
4.4
Reference to Standards and Specifications
of Technical Societies.........................................3.3
Regulations, Laws and(or)......................................6.14
Rejecting Defective Work..........................................9.6
Related Work --
atSite........................................................7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review....................6.28
Remedies, cumulative......................................17A,
17.5
Removal or Correction ofDefective Work................13.11
rental agreements, OWNER approval required
..... 11.4.5.3
replacement of ENGINEER, by OWNER .....................
8.2
Reporting and Resolving
Discrepancies.................................2.5,
3.3.2, 6.14.2
Reports --
and Drawings, .....................................
** 4.2.1
and Tests, OWNER's responsibility .....................8A
Resident and Project Representative --
definition of....................................................1.33
provision for............................................................ 9.3
FICDC GENERAL CONDI'IIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
r rY
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR'$ ............... 6.2
Responsibilities_
CONTRACTOR's-in general .................................. 6
ENGINEER's-in general........................................9
Limitations on.............................................9.13
OWNER's-in general..........................I...................8
Retainage............................................................14.2
Reuse of Documents.................................................3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal ..........................6.25
Review of Applications for
Progress Payments.....................................14.4-14.7
Right to an adjustment............................I..............10.2
Rightsof Way..........................................................4.1
Royalties, Patent Fees and ......................................
6.12
Safe Structural Loading..........................................0.18
Safety --
and Protection................................4.3.2,
6.16, 6.18,
......... ............... .............. 6.20-6.21,
7.2, 13.2
general .................................................
... 6.20-6.23
Representative, CONTRACTOR's.......................6.21
Samples --
definition of .....................................................
1.34
general ....................................................
6.24-6.28
Review by CONTRACTOR................................6.25
Review by ENGINEER..............................6.26,
6.27
related Work....................................................
6.28
submittal of....................................................6.24.2
submittal procedures.........................................6.25
Schedule of progress.............................2.6,
2.8-2.9, 6.6,
......... ......... .............6.29,
10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2.6,
2.8-2.9, 6.24-6.28
Schedule of Values..............................2.6,
2.8-2.9, 14.1
Schedules --
Adherence to..................................................15.2.1
Adjusting...........................................................6.6
Change of Contract Times.................................10.4
Initially Acceptable......
............ 2.8, 2.9
Preliminary .............................. ..........................
2.6
Scope of Changes ................................
....... 10.3-10.4
Subsurface Conditions........................................4.2.1.1
Shop Drawings --
and Samples, general ............... I .................
6.24-6.28
Change Orders & Applications for
Payments, and.........................................9,7-9.9
definition of......................................................1.35
ENGINEER's approval of....................I............3.6.2
ENGINEER's responsibility
for review ............ .......................
9.7, 6.24-6.28
related Work....................................................
6.28
review procedures................................2.8,
6.24-6.28
Xiii
Article or Paragraph
Number
submittal required, ..............................................
k.24.1
Submittal Procedures
6.25
use to approve substitutions.,,,,,, ....*................6.7.3
Shown or Indicated
4 .3.1
Site Access......................................................7.2,
13.2
Site Cleanliness ................................. .................
..., 6.17
Site, Visits to --
by ENGINEER ..........................................
9.2, 13.2
by others....................................................
......13.2
"special causes of loss" policy form,
insurance........................................................5.6.2
definition of ...............................
1.36
Specifications--
defination of....................................................1.36
of Technical Societies, reference tq...................3.3.1
precedence ..................................... ............3.3.3
Standards and Specifications
of Technical Societies ........................................
3.3
Starting Construction, Before...................I..........2.5-2.8
Starting the Work .....................................................
2.4
Stop or Suspend Work --
by CONTRACTOR...........................................15.5
by OWNER ..................................... 8.8,
13.10, 15.1
Storage of materials and equipment .....................4.1,
7.2
Structural Loading, Safety,,,,,6.18
Subcontractor --
Concerning ................................................
0.8-6.1 I
definition of.....................................................1.37
delays.............................................................12.3
waiver of rights................................................6.11
Subcontractors --in general.................................6.8-6.11
Subcontracts --required provisions ......., 5.11,
6.11, 11.4.3
Submittals—
Applications for Payment ..................................
14.2
Maintenance and Operation Manuals...............14.12
Procedures ........................................................
6.25
Progress Schedules.......................................2.6,
2.9
Samples...................................................6.24-6.28
Schedule of Values.....................................2.6,
14.1
Schedule of Shop Drawings and Samples
Submissions......................................2.6,
2.8-2.9
Shop Drawings.........................................6.24-6.28
Substantial Completion --
certification of ............................ 30.2.3, 14.8-)4.9
definition of ......................................................
1.38
Substitute Construction Methods or Procedures ........ 6.7.2
Substitutes and "Or Equal" Items...............................6.7
CONTRACTOR's Expense............................6.7.1.3
ENGINEER's Evaluation.. ......... ........__.6.7.3
"Or -Equal" ...................................................
6.7.1.1
Substitute Construction Methods
E.ICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
1Y .
Article or Paragraph
Number
or Procedures _........
...............................
6.7.2
Substitute Items .............
...............................
6.7.1.2
Subsurface and Physical Conditions--
Drawings of, in or relathg to,,,,•......,,,,,,•.....,
4.2.1.2
ENGINEER's Review ............................
4.2.4
general..............................................................4.2
Limited Reliance by CONTRACTOR
Authorized ...............................
4 2.2
Notice of Differing Subsurface or
Physical Conditions ,,,•......,,,,• ..........................4.2.3
Physical Conditions.......................................4.2.1.2
Possible Contract Documents Change,,,,,,,,,,,,,„4.2.5
Possible Price andTimes Adjustments„.............4.2.6
Reports and Drawings„•,......I...................•.....,
4.2.1
Subsurface and .............
.............................
....... 4.2
Subsurface Conditions at the Site...................4.2.1.1
Technical Data ................................................
4.2.2
Supervision--
CONTRACTOR's responsibility ..........................6.1
OWNER shall not supervise................................8.9
ENGINEER shall not supervise .................
9.13.2
Superintendence ......... ............ .. ..................
,,6.2
Superintendent, CONTRACTOR's resident......,,,,•,•..6.2
Supplemental costs ..............................................
11.4.5
Supplementary Conditions --
definition of
principal references to.................1.10,
1.18, 2.2, 2.7,
.......................4.2, 4.3, 5.1, 5.3,
5.4, 5.6-5.9.
................. .11,6.8,6.13,7.4,8.11,9.3,9.10
Supplementing Contract Documents .........................3.6
Supplier --
definition of......................................................1.40
principal references to ........... 3.7, 6.5, 6.8-6.11,
6.20,
..........................................0.24, 9.13, 14.12
Waiver of Rights...............................................6.11
Surety --
consent to final payment .........................
14.12, 14.14
ENGINEER has no duty to ................................
9.13
Notification of...................................10.1,
10.5, 15.2
qualification of ......... ......... ...............5.1
5.3
Survival of Obligations ................................
6.34
Suspend Work, OWNER May .......................13.10,
15.1
Suspension of Work and Termination--.... ......
,••......... 15
CONTRACTOR May Stop Work
or Terminate ...............................................
15.5
OWNER May Suspend Work .........................
. .. 15.1
OWNER May Terminate ............................
15.2-15.4
Taxes --Payment by CONTRACTOR ...................
......6.15
Technical Data --
Limited Reliance by CONTRACTOR .................4.2.2
Possible Price and Times Adjustments ..............
4.2.6
Reports of Differing Subsurface and
Physical Conditions....................................4.2.3
xiv
Temporary construction facilities 4.1
Article or Paragraph
Number
Termination--
by CONTRACTOR...........................................15.5
by OWNER........................................8.8,
15.1-15.4
ofENGINEER's employment .............................
8.2
Suspension of Work-in general .........................
. 15
Terms and Adjectives,,,,,,,,,,,,,,,,,, ............................
3.4
Tests and Inspections --
Access to the Work, by others ...........................13.2
CONTRACTOR's responsibilities ......................13.5
cost of 13.4
covering Work prior to .............. ................
13.6-13.7
Laws and Regulations(or)................................
13.5
Notice of Defects13.1
OWNER May Stop Work.................................13.10
OWNER's independent testing ..........................13.4
special, required by ENGINEER ..........................9.6
timely notice required,,,,,,,,,,,,,,,
Uncovering the Work, at ENGINEER's
request ................................ .................
13.8-13.9
Times --
Adjusting..........................................................
6.6
Change of Contract......................................
........12
Computation of .................................................
17.2
Contract Times --definition of ...........................1,12
day.........................................................1.7.2.2
Milestones
Requirements—
appeals.................................................9.10,
16
clarifications,
claims and disputes .............. _..9.11,
1t.2, 12
Commencement of Contract Times
..................
2.3
Preconstruction Conference
2.8
schedules... * ............. * .... * ..................
2.6, 2.9, 6.6
Starting theWork...................... I...................2.4
Title, Warranty of ...................................................
14.3
Uncovering Work.............................................13.8-13.9
Underground Facilities, Physical Conditions
--
definition of
1.41
Not Shown or Indicated...................................4.3.2
protection of..............................................4.3,
6.20
Shown or Indicated ......................................
....4.3.1
Unit Price Work--
claims.........................................................1.1.9.3
definition of....................................................1.42
general11.9, 14.1, 14.5
Unit Prices--
generall1.3.1
Determination for..„.„ .....................................
9.10
Use of Premises ............................... 6.16, 6.18, 6.30.2.4
Utility owners...........................6.13, 6.20,
7.1-7.3, 13.2
Utilization, Partial...................I.28, 5.15, 6.30.2.4,
14.10
Value of the Work ...................................................
11.3
Values, Schedule of..............................2.6,
2.8-2.9, 14.1
F..ICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Variations in Work --Minor
Authorized,,..,,,,. 6.25, 6.27, 9.5
Article or Paragraph
Number
Visits to Site --by ENGINEER9.2
Waiver of Claims --on Final Payment,,,,,,,,,,,,,,,,,,,,,
14.15
Waiver of Rights by insured parties..................5.11,
6.11
Warranty and Guarantee, General --by
CONTRACTOR................................................6.30
Warranty of Title, CONTRACTOR's.......................14.3
Work --
Accessto..........................................................13.2
byothers, * ....... .......
Changes in the .................................
.................. 10
Continuing the..................................................6.29
CONTRACTOR May Stop Work
or Terminate ...............................
................15.5
Coordination of...................................................7.4
Cost of the.................................................11.4-11.5
definitionof
.........................................................4
1 3
neglected by CONTRACTOR...........................1.3.14
other Work ............................................................
7
OWNER May Stop Work .............................
13.10
OWNER May Suspend Work...................13.10,
15.1
Related, Work at Site ...............................
......7.1-7.3
Starting the ...............................
Stopping by CONTRACTOR.............................15.5
Stopping by OWNER .... .............................
15.1-15.4
Variation and deviation authorized,
minol............. 3.6
Work Change Directive --
claims pursuant to.............................................10.2
definition of.....................................................1.44
principal references to,,,,,,,,,,,,,,,,,,,,,,
3.5.3, 10.1-10.2
Written Amendment --
definition of1.45
principal references to...............1.10,
3.5, 5.10,15.12,
........................6.6.2, 6.8.2, 6.19, 10.1, 10.4,
............................ 1,1.2,12.1,13.12.2,14.7.2
Written Clarifications and
Interpretations...................................3.6.3.
9.4, 9.11
Written Notice Required --
by CONTRACTOR .............. I.............
7.1, 9.10-9.11,
...........................................
10.4, 11.2, 12.1
by OWNER ..................... 9.10-9.11,
10.4, 11.2, 13.14
X° EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
wi CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
(This page left blank intentionally)
xvi E1CDC GENERAL CONDITIONS 1910-9 0990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
GENERAL CONDITIONS
ARTICLE 1—DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof:
1.1. Addenda --Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents.
1.2. Agreement --The written contract between OWNER
and CONTRACTOR covering the Work to be performed;
other Contract Documents are attached to the Agreement
and made a part thereof as provided therein.
1.3. Application for Payment --The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents.
1.4. Asbestos --Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration.
1.5. Bid --The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed.
1.6. Bidding Documents --The advertisement or
invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
1.7. Bidding Requirements --The advertisement or
invitation to Bid, instructions to bidders, and the Bid form.
1.8. Bonds --Performance and Payment bonds and other
instruments of security.
1.9. Change Order --A document recommended by
ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work, or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement.
1.10. Contract Documents --The Agreement, Addenda
(which pertain to the Contract Documents),
CONTRACTOR's Bid (including documentation
accompanying the Bid and any post Bid documentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to Proceed, the
Bonds, these General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as the
EJCDC GENERAL CONDITIONS 1910-9 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
same are more specifically identified in the Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.61 and 3.6.3 on or after the Effective
Date of the Agreement. Shop Drawing submittals
approved pursuant to paragraphs 6.26 and 6.27 and the
reports and drawings referred to in paragraphs 4.2.1 and
4.2.2 are not Contract Documents.
1.11. Contract Price --The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit Price Work).
1.12. Contract Times --The numbers of days or the
dates stated in the Agreement: (i) to achieve Substantial
Completion, and (ii) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER's
written recommendation of final payment in accordance
with paragraph 14.13.
1.13. CONTRACTOR --The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective --An adjective which when modifying
the word Work refers to Work that is unsatisfactory, faulty
or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial Completion in accordance with
paragraph 14.8 or 14.10).
1.15. Drawings --The drawings which show the scope,
extent and character of the Work to be furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in the Contract Documents. Shop drawings are not
Drawings as so defined.
1.16, Effective Date of the Agreement --The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
1.17. ENGINEER --The person, firm or corporation
named as such in the Agreement.
1.18. ENGINEER's Consultant --A person, firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions.
1.19. Field Order --A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which does not involve
a change in the Contract Price or the Contract Times.
1.20. General Requirements --Sections of Division 1 of
the Specifications.
1.21. Hazardous Waste --The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time.
1.22.a. Laws and Regulations; Laws or Regulations --Any
and all applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction.
1.22.b. Legal Holidays--shall be those holidays observed
by the City of Fort Collins.
1.23. Liens --Liens, charges, security interests or
encumbrances upon real property or personal property.
1.24. Milestone --A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work.
1.25. Notice ofAward--A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
1.26. Notice to Proceed --A written notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents.
1.27. OWNER --The public body or authority,
corporation, association, fine or person with whom
CONTRACTOR has entered into the Agreement and for
whom the Work is to be provided.
1.28. Partial Utilization --Use by OWNER of a
substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
1.29. PCBs --Polychlorinated biphenyls.
1.30. Petroleum --Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene
and oil mixed with other non -Hazardous Wastes and crude
oils.
1.31. Project --The total construction of which the Work
to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract
Documents.
1.32.a. Radioactive Material --Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
1954 (42 USC Section 2011 et seq.) as amended from
time to time.
1.32.b. Regular Working Hours —Regular working hours
are defined as 7:00am to 6:00om unless otherwise
specified in the General Requirements.
1.33. Resident Project Representative --The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof.
1.34. Samples --Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
1.35. Shop Drawings --All drawings, diagrams,
illustrations, schedules and other data or information
which are specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
L36. Specifications --Those portions of the Contract
Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto.
1.37. Subcontractor --An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site.
1.38. Substantial Completion --The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGINEER's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGINEER's written recommendation of
final payment in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof.
1.39. Supplementary Conditions --The part of the
Contract Documents which amends or supplements these
General Conditions.
1.40. Supplier --A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor.
1.41. Underground Facilities --All pipelines, conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
1.42. Unit Price Work --Work to be paid for on the basis
of unit prices.
1.43. Work --The entire completed construction or the
various separately identifiable parts thereof required to be
famished under the Contract Documents. Work includes
and is the result of performing or furnishing labor and
furnishing and incorporating materials and equipment into
the construction, and performing or furnishing services and
furnishing documents, all as required by the Contract
Documents.
1.44. Work Change Directive --A written directive to
CONTRACTOR, issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in paragraph 4.2 or 4.3 or to
emergencies under paragraph 6.23. A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45. Written Amendment --A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
ARTICLE 2—PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of reproduction.
Commencement of Contract Times, Notice to Proceed:
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement. in _ event will the Gent_ et :Fifnes
eatomenee to nin later than the si�aieth day after the d�
o f Bid opetting or the thirtrtieth day after the Covet:. e Dat,.
of the Agreefnen whieheyer date is earlier.
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to run,
but no Work shall be done at the site prior to the date on
which the Contract Times commence to run.
Before Starting Construction:
2.5. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and cheek and verify pertinent
figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in
writing to ENGINEER any conflict, error, ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGINEER before proceeding with any Work affected
thereby; however, CONTRACTOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict,
error, ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or reasonably
should have known thereof.
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. a preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including
any Milestones specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required
submittal and the times for submitting, reviewing and
processing such submittal;
2.62J. In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Engineer.
2.6.3. A preliminary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction. Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work.
2.7. Before any Work at the site is started,
CONTRACTOR and ^�IA94Ei shall eaeh deliver to the
ether OWNER with copies to each . ddit:enal in ,..ed
idetAified in the c ppiententafy Gendit:e_ ENGINEER
certificates of insurance (and other evidence of insurance
reasenably fequest requested by OWNER) which
CONTRACTOR is required
to purchase and maintain in accordance with
paragraphs 5.4, `Y 6 amp.
Preconstruction Conference:
2.8. Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in paragraph 2.6,
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records.
Initially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract
Documents, at least ten days beg _ submission e f the fiHt
before any work at the site begins
a conference attended by CONTRACTOR, ENGINEER
and others as epprepriate designated by OWNER, will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2.6. and Division 1 - General Requirements.
CONTRACTOR shall have an additional ten days to make
corrections and adjustments and to complete and resubmit
the schedules. No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below. The
progress schedule will be acceptable to ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milestones and the
Contract Times, but such acceptance will neither impose on
ENGINEER responsibility for the sequencing, scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTOR's full
responsibility therefor. CONTRACTOR's schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are
complementary; what is called for by one is as binding as if
called for by all. The Contract Documents will be
construed in accordance with the law of the place of the
Project.
3.2. It is the intent of the Contract Documents to
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be furnished and
performed whether or not specifically called for. When
words or phrases which have a well-known technical or
construction industry or trade meaning are used to
describe Work, materials or equipment, such words or
phrases shall be interpreted in accordance with that
meaning. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
paragraph 9.4.
3.3. Reference to Standards and Specifications of
Technical Societies; Reporting and Resolving
Discrepancies.
3.3.1. Reference to standards, specifications,
manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the latest
standard, specification, manual, code or Laws or
Regulations in effect at the time of opening of Bids (or,
on the Effective Date of the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Documents.
3.3.2. If, during the performance of the Work,
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the performance of the Work or of any
such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in
writing at once, and, CONTRACTOR shall not
proceed with the Work affected thereby (except in an
emergency as authorized by paragraph 6.23) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity 01' discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
3.3.3.2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
3.3.4. In the event of conflicting or ambiguous
provisions within the Contract Documents,
specifications will take precedence over the drawings
and addenda will take precedence over both.
Notwithstanding the foregoing, the more specific
provision will take precedence over the less specific; the
more stringent will take precedence over the less
stringent; the more expensive item will take precedence
over the less expensive. On all drawings, figures take
precedence over scaled dimensions. Scaling of
dimensions, if done, is done at the CONTRACTOR'S
own risk.
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their subcontractors, consultants,
agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to OWNER,
ENGINEER or any of ENGINEER's Consultants, agents or
employees any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
3.4. Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction, review or judgment will be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the terms and conditions thereof in one or
more of the following ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4),
or
EJCDC GENERAL CONDITIONS 19I0-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract
Documents may be supplemented, and minor variations
and deviations in the Work may be authorized, in one or
more of the following ways:
3.6.1. A Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or
clarification (pursuant to paragraph 9.4).
Reuse of Documents:
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER.
ARTICLE 4—AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
Availability of Lands.
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be
performed, rights -of -way and easements for access
thereto, and such other lands which are designated for the
use of CONTRACTOR. Upon feasonable wfittett request,
aeeerdanee with __lieabl . Laws and Regulmiens.
OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so fiimished with which CONTRACTOR will have
to comply in performing the Work. Easements for
permanent structures or permanent changes in existing
facilities will be obtained and paid for by OWNER, unless
otherwise provided in the Contract Documents. If
CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNER's furnishing these lands, rights -of -
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the
Standard General Conditions of the Construction Contract (No. 1910-8, 1990
ed.) have the meanings assigned to them in the General Conditions. The
term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -
bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means
the lowest, qualified, responsible and responsive Bidder to whom OWNER (on
basis of OWNER's evaluation as hereinafter provided) makes an award. The
term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents
(including all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the
Invitation to Bid. No partial sets will be issued. The Bidding Documents
may be examined at the locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids;
neither OWNER nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410,
00420, and 00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available
on the above terms, do so only for the purpose of obtaining Bids on the
Work and do not confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must
submit at the time of the Bid opening, a written statement of
qualifications including financial data, a summary of previous experience,
previous commitments and evidence of authority to conduct business in the
jurisdiction where the Project is located. Each Bid must contain evidence
of Bidder's qualification to do business in the state where the Project is
located or covenant to obtain such qualification prior to award of the
contract. The Statement of Qualifications shall be prepared on the form
provided in Section 00420.
3.2. In accordance with Section 8-160 of the Code of the City of Fort
Collins in determining whether a bidder is responsible, the following shall
be considered: (1) The ability, capacity and skill of the bidder to perform
12/03 Section 00100 Page 1
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.2. Subsurface and Physical Conditions:
4.2.1. Reports and Drawings: Reference is made to
the Supplementary Conditions for identification of:
4.2.1.1. Subsurface Conditions: Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents;
and
4.2.1.2. Physical Conditions: Those drawings of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents.
4.2.2. Limited Reliance by CONTRACTOR Authorized, -
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
4.2.2.1. the completeness of such reports and
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto, or
4.2.2.2. other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data, interpretations, opinions or
information.
4.2.3. Notice of Differing Subsurface or Physical
Conditions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either:
4.2.3.1. is of such a nature as to establish that
any "technical data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4.2.2 is materially inaccurate, or
4.232. is of such a nature as to require a
change in the Contract Documents, or
4.2.3.3. differs materially from that shown or
FICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
indicated in the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the Contract
Documents; then
CONTRACTOR shall, prewt pdj immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph 6.23), notify OWNER and
ENGINEER in writing about such condition.
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so.
4.2.4. ENGINEER's Review: ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNER's obtaining additional exploration or
tests with respect thereto and advise OWNER in writing
(with a copy to CONTRACTOR) of ENGINEER's
findings and conclusions.
4.2.5. Possible Contract Documents Change: If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4.2.3, a Work
Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of such change.
4.2.6. Possible Price and Times Adjustments.- An
equitable adjustment in the Contract Price or in the
Contract Times, or both, will be allowed to the extent that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTOR's cost
of, or time required for performance of, the Work; subject,
however, to the following:
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4.2.3.1 through 4.2.3.4,inclusive;
4.2.6.2. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for
on a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if,
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
submission of a bid or becoming bound
under a negotiated contract; or
4.2.6.4.2. the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination, investigation, exploration,
test or study of the site and contiguous
areas required by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTOR's making such final
commitment; or
4.2.6.4.3. CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in
Articles 11 and 12. However, OWNER, ENGINEER and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project.
4.3. Physical Conditions —Underground Facilities:
4.3.1. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
famished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others. Unless it is
otherwise expressly provided in the Supplementary
Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and
4.3.1.2. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for: (i) reviewing and
checking all such information and data, (ii) locating
all Underground Facilities shown or indicated in the
Contract Documents,(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
protection of all such Underground Facilities as
provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shown or Indicated: If an Underground
Facility is uncovered or revealed at or contiguous to
the site which was not shownor indicated in the
Contract Documents, CONTRACTOR shall, prernptly
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Work in connection therewith (except
in an emergency as required by paragraph 6.23),
identify the owner of such Underground Facility and
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w,' CITY OF FORD COLLINS MODIFICATIONS (REV 4/2000)
give written notice to that owner and to OWNER and
ENGINEER. ENGINEER will promptly review the
Underground Facility and determine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility. If
ENGINEER concludes that a change in the Contract
Documents is required, a Work Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences. During
such time, CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facility as provided in paragraph 6.20.
CONTRACTOR shall may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated. If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12. However,
OWNER, ENGINEER and ENGINEER's
Consultants shall not be liable to CONTRACTOR for
any claims, costs, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
Reference Points:
4.4. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER. CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material:
4.5.1. OWNER shall be responsible for any
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial danger to persons or
property exposed thereto in connection with the Work
at the site. OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR, Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsible.
• . Y • •
-------------
-
.. .•
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
ARTICLE 5—BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also famish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff, Bureau of
Government Financial Operations, U.S. Treasury
Department. All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act.
5.2. If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases to
meet the requirements of paragraph 5.1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety, both of which must be acceptable to OWNER.
5.3. Licensed Sureties and Insurers, Certificates of
Insurance:
5.3.1. All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required. Such surety
and insurance companies shall also meet such
additional requirements and qualifications as may be
provided in the Supplementary Conditions.
5.3.2. CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with paragraph 5.4. 0"'^.� T, .ER qhari
Hier
reEli4ed to ptirehase and maintain in aeeefzdanee with
F:..r :brujir
CONTRACTOR Is Liability Insurance:
5.4. CONTRACTOR shall purchase.and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out
of or result from CONTRACTOR's performance and
furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or furnish
any of the Work, or by anyone for whose acts any of them
may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
5.4.3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.4.5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use
resulting therefrom; and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of
the ownership, maintenance or use of any motor
vehicle.
The policies of insurance so required by this paragraph 5.4
to be purchased and maintained shall:
5.4.7. with respect to insurance required by
paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9,
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional insureds;
5.43. include the specific coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
5.4.9. include completed operations insurance;
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4I2000)
5.4.10. include contractual liability insurance
covering CONTRACTOR's indemnity obligations
under paragraphs 6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days'
prior written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so
provide);
5.4.12. remain in effect at least until final payment
and at all times thereafter when CONTRACTOR may
be correcting, removing or replacing defective Work
in accordance with paragraph 13,12; and
5.4.13. with respect to completed operations
insurance, and any insurance coverage written on a
claims -made basis, remain in effect for at least two
years after final payment (and CONTRACTOR shall
Furnish OWNER and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence
satisfactory to OWNER and any such additional
insured of continuation of such insurance at final
payment and one year thereafter),
OWNER's Liability Insurance:
5.5. In addition to insurance required to be provided
by CONTRACTOR under paragraph 5.4, OWNER, at
OWNER's option, may purchase and maintain at
OWNER's expense OWNER's own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents.
Property Insurance:
e.
*�
Jeer.s
earthqualee, eellapse,
eeeasioned by -µwreeme.nt
re eN,a1 demalitiefl
e f Laws and Regulations;
-ASP`_:... ,.y Fequired ..y the ..»F.l..e.,.e...mTc=vr.mnvns
�iYrl)•!!lF.F.! . • I. -
_•• .•ii1�, IN
�.ii��rryyyy_ .. .. .
5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others to
tain it at the purehaserls own expeiis
t� E.ICDCGENERAL CONDITIONS 1910-8(1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Receipt and Application of Insurance Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5.13. OWNER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach. If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers afid, :f required in writing by any Me-'-•
: ntefest 01ALNE s fidti.:..r.. shall ._ han
d and F r th",
pr-eper
Acceptance of Bonds and Insurance, Option to Replace:
5.14. If eithe.. part., tnrrn-rnn er COTrW AGTnn
OWNER has any objection to the coverage afforded by or
other provisions of the Bonds er insurance required to be
purchased and maintained by the ether pai4y
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the
bjeet:..e «ao y shall . notify the other «any OWNER will
notify CONTRACTOR in writing within teu fifteen days
after feeeipt delive of the certificates (err athef evidenee
requested) to OWNER as required by paragraph 2.7.
nrx LNPR and- CONTRACTOR shall each « ,,:,le to the
pre,,ided as the ether maj- reasenably—request. if
pat4y does net purehase ei- maintain all of the Befids and
,riling of ..tier. failure to pti.-ehase prior
and a Cha flge OFde_ shall b,.
Partial Utilization —Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Completion of all the Work, such use or occupancy may
be accomplished in accordance with paragraph 14.10;
provided that no such use or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6—CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, inspect and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in
and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR'S representative at the site and shall have
authority to act on behalf of CONTRACTOR. All
communications to the superintendent shall be as binding
as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain
good discipline and order at the site. Except as otherwise
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto, and
except as otherwise indicated in the Contract Documents,
all Work at the site shall be performed during regular
working hours and CONTRACTOR will not permit
overtime work or the performance of Work on Saturday,
Sunday or any legal holiday without OWNER's written
consent given after prior written notice to ENGINEER.
CONTRACTOR shall submit requests to the ENGINEER
no less than 48 hours in advance of any Work to be
performed on Saturday, Sunday, Holidays or outside the
Regular Working Hours.
6.4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish and assume
full responsibility for all materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other
facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work.
6.4.1. Purchasing Restrictions: CONTRACTOR
must comply with the City's purchasing restrictions. A
copy of the resolutions are available for review in the
offices of the Purchasing and Risk Management
Division or the City Clerk's office.
6.4.2. Cement Restrictions: City of Fort Collins
Resolution 91-121 requires that suppliers and producers
of cement or products containing cement to certify that
the cement was not made in cement kilns that burn
hazardous waste as a fuel.
6.5. All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with
instructions of the applicable Supplier, except as otherwise
provided in the Contract Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress
schedule established in accordance with paragraph 29 as it
may be adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER
for acceptance (to the extent indicated in
paragraph 2.9) proposed adjustments in the progress
schedule that will not change the Contract Times (or
Milestones). Such adjustments will conform generally
to the progress schedule then in effect and additionally
will comply with any provisions of the General
Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones)
shall be submitted in accordance with the requirements
of paragraph 12.1. Such adjustments may only be
made by a Change Order or Written Amendment in
accordance with Article 12.
6.7. Substitutes and "Or -Equal "Items.
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function and quality
required. Unless the specification or description
12 E)CDCGENERALCONDITIONS 1910-8(1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
contains or is followed by words reading that no like,
equivalent or "or -equal" item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may be
accepted by ENGINEER under the following
circumstances:
6.7.1.1. "Or -Equal": If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that
no change in related Work will be required, it may
be considered by ENGINEER as an "or -equal"
item, in which case review and approval of the
proposed item may, in ENGINEER's sole
discretion, be accomplished without compliance
with some or all of the requirements for
acceptance of proposed substitute items.
6.7.1.2. Substitute Items. If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
an "or -equal" item under subparagraph 6.7.1.1, it
will be considered a proposed substitute item.
CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor.
The procedure for review by the ENGINEER will
include the following as supplemented in the
General Requirements and as ENGINEER may
decide is appropriate under the circumstances.
Requests for review of proposed substitute items
of material or equipment will not be accepted by
ENGINEER from anyone other than
CONTRACTOR. If CONTRACTOR wishes to
furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
perform adequately the functions and achieve the
results called for by the general design, be similar
in substance to that specified and be suited to the
same use as that specified. The application will
state the extent, if any, to which the evaluation
and acceptance of the proposed substitute will
prejudice CONTRACTOR's achievement of
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any other
direct contract with OWNER for work on the
Project) to adapt the design to the proposed
substitute and whether or not incorporation or use
of the substitute in connection with the Work is
subject to payment of any license fee or royalty.
All variations of the proposed substitute from that
specified will be identified in the application and
available maintenance, repair and replacement
service will be indicated. The application will
also contain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptance of such substitute, including costs of
redesign and claims of other contractors affected
by the resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute. ENGINEER may require
CONTRACTOR to famish additional data about
the proposed substitute.
6.7.1.3. CONTRACTORS Expense: All data to be
provided by CONTRACTOR in support of any
proposed "or -equal" or substitute item will be at
CONTRACTOR's expense.
6.7.2. Substitute Construction Methods or
Procedures: If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utilize a
substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER.
CONTRACTOR shall submit sufficient information to
allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents.
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the
sole judge of acceptability. No "or -equal" or
substitute will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved
Shop Drawing. OWNER may require
CONTRACTOR to furnish at CONTRACTOR's
expense a special performance guarantee or other
surety with respect to any "or -equal" or substitute.
ENGINEER will record time required by
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by 6_9.
CONTRACTOR pursuant to paragraphs 6.7.1.2 and
6.7.2 and in making changes in the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project)
occasioned thereby. Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such
proposed substitute item.
6_8. Concerning Subcontractors, Suppliers and
Others:
6.8.1. CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6.8.2), whether
initially or as a substitute, against whom OWNER or
ENGINEER may have reasonable objection.
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to famish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
EIMC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
CONTRACTOR shall perform not less than 20
percent of the Work with its own forces (that is
without subcontracting). The 20 percent requirement
shall be understood to refer to the Work the value of
which totals not less than 20 percent of the Contract
Price.
6.8.2. If the S....ple ftientaFy Condition Bidding
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER in advanee e f the speeified
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER —,-aft"'
CONTRACTOR has submitted a list theFeef in.
aeeeManee with the Supplement..... Gendit:__,.
OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) e€
in whieh ease l -PNCIPR shall quhl�it an
aceeptable—substlttite, the centmetNiee will 4)e
will be Issued ef Wfitten Amendment signed. will
constitute a condition of the Contract requiring the
use of the named subcontractors, suppliers or other
persons or organization on the Work unless prior
written approval is obtained from OWNER and
ENGINEER. No acceptance by OWNER or
ENGINEER of any such Subcontractor, Supplier or
other person or organization shall constitute a waiver
of any right of OWNER or ENGINEER to reject
defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions
of the Subcontractors, Suppliers and other persons
and organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOR's own acts and
omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor,
Supplier or other person or organization any
contractual relationship between OWNER or
ENGINEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create any
obligation on the part of OWNER or ENGINEER to
pay or to see to the payment of any moneys due any
such Subcontractor, Supplier or other person or
organization except as may otherwise be required by
Laws and Regulations. OWNER or ENGINEER may
furnish to any subcontractor, supplier or other person
or organization evidence of amounts paid to
CONTRACTOR in accordance with
CONTRACTOR'S "Applications for Payment"
13
6.9.2. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR. CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
organizations performing or furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER. Whenever any sueh agreement
ad4itional insured art
paragraphs 3.6 erg 5.7, the agreement between the
C-019n ALTO and the C..l.eentraeter er Supplier will
earitain pre,,isians whereby the Stibeeritfaeter or Supplier
waives all rights against OWNS GONTn A GTO
ENGP� EER, €NGI�Er"� Consultants a n other
arising out of eF regalfing from an), of
sueh paheies and arty Either prepeny in
separatewaiver forms to be signed by any Stibeentraeter or
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product or device which
is the subject of patent rights or copyrights held by others.
If a particular invention, design, process, product or device
is specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the
use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design,
process, product or device not specified in the Contract
Documents.
14 LICDCGENF.RAL CONDFI IONS 1910-8(1990 Edition)
w, CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees.
6.14. Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or
Regulations.
6.14.2. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shall bear
all claims, costs, losses and damages caused by,
arising out of or resulting therefrom; however, it shall
not be CONTRACTOR's primary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer,
use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6.15.1. OWNER is exempt from Colorado State and
local sales and use taxes on materials to be
permanently incornorated into the protect Said taxes
shall not be included in the Contract Price.
the protect.
Address:
Colorado Department of Revenue
State Capital Annex
1375 Sherman Street
Denver, Colorado, 80261
Sates and Use Taxes for the State of Colorado,
Regional Transportation District (RTD) and certain
Colorado counties are collected by the State of
Colorado and are included in the Certification of
Exemption.
All applicable Sales and Use Taxes (including State
collected taxes), on any items other than construction
and building materials physically incorporated into the
proiect are to be paid by CONTRACTOR and are to
be included in appropriate bid items.
Use of Premises:
6.16. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and permitted by the Contract Documents and
other land and areas permitted by Laws and Regulations,
rights -of -way, permits and easements, and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work. Should any claim be
made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER, ENGINEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free fi-om accumulations of waste
materials, rubbish and other debris resulting from the
Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
construction equipment and machinery and surplus
materials. CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work. CONTRACTOR shall restore to
original condition all property not designated for alteration
by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it.
Record Documents:
EJCDC GENERAL CONDITIONS 1910-8(1990 Edition)
w/ CH Y OF FORT COLLINS MODIFICATIONS (REV 4/2000)
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9.4) in good order and annotated to show all
changes made during construction. These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion
of the Work, and prior to release of final payment, these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site; and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, injury or
loss to any property referred to in paragraphs 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any
other person or organization directly or indirectly
employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts any of them may be liable,
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier or other person or organization
directly or indirectly employed by any of them).
CONTRACTOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and ENGINEER has issued a
15
the contract or provide the services required, (2) whether the bidder can
perform the contract or provide the service promptly and within the time
specified without delay or interference, (3) the character, integrity,
reputation, judgment, experience and efficiency of the bidder, (4) the
quality of the bidder's performance of previous contracts or services, (5)
the previous and existing compliance by the bidder with laws and ordinances
relating to the contract or service, (6) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the
service, (7) the quality, availability and adaptability of the materials
and services to the particular use required, (8) the ability of the bidder
to provide future maintenance and service for the use of the subject of the
contract, and (9) any other circumstances which will affect the bidder's
performance of the contract.
3.3. Each Bidder may be required to show that he has handled former Work
so that no just claims are pending against such Work. No Bid will be
accepted from a Bidder who is engaged on any other Work which would impair
his ability to perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract
with the City or in the payment of any taxes, licenses or other monies due
to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to
(a) examine the Contract Documents thoroughly, (b) visit the site to
familiarize himself with local conditions that may in any manner affect
cost, progress or performance of the Work, (c) familiarize himself with
federal, state and local laws, ordinances, rules and regulations that may
in any manner affect cost, progress or performance of the Work, (d) study
and carefully correlate Bidder's observations with the Contract Documents,
and (e) notify Engineer of all conflicts, errors or discrepancies in the
Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification
of: Subsurface and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement of
this Article 4, that without exception the Bid is premised upon performing
and furnishing the Work required by the Contract Documents and such means,
methods, techniques, sequences or procedures of construction as may be
indicated in or required by the Contract Documents, and that the Contract
Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to
12/03 Section 00100 Page 2
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
6.21. Safety Representative:
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communication Programs.
6.22. CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations.
Emergencies:
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2.9). All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements. The data shown on the Shop Drawings
will be complete with respect to quantities,
dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
16 EICDC GENERAL CONDITIONS 1910-8(1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
purposes required by paragraph 6.26. The numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified:
6.25.1.1. all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
6.25.1.3. all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review
and approval of that submittal.
6.25.3. At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation.
6.26. ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGINEER's
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions. CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each such
variation at the time of submission as required by
paragraph 6.25.3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6.25.1.
6.29. Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by paragraph 2.9, any related Work performed
prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR.
Continuing the Work.
6.29. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree in
writing.
6.30. CONTRACTOR's Genera! Warranty and
Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
CONTRACTOR's warranty and guarantee hereunder
excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6.30.1.2. normal wear and tear under normal
usage.
6.30.2. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
E1CDC GENERAL CONDITIONS t910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.2. recommendation of any progress or
final payment by ENGINEER;
6.30.2.3. the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents;
6.30.2.4. use or occupancy of the Work or any
part thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any
failure to do so;
6.30.2.6. any review and approval of a Shop
Drawing or Sample submittal or the issuance of a
notice of acceptability by ENGINEER pursuant
to paragraph 14.13;
6.30.2.7. any inspection, test or approval by
others; or
6.30.2.8. any correction of defective Work by
OWNER.
Indemnification:
6.31. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage:
(i) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulting therefrom, and (6) is caused in whole or in part
by any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, any
person or organization directly or indirectly employed by
17
any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of
CONTRACTOR under paragraph 6.31 shall not extend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents caused by the
professional negligence, errors or omissions of any of them.
Survival of Obligations:
6.34, All representations, indemnifications, warranties
and guarantees made in, required by or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will
survive final payment, completion and acceptance of the
Work and termination or completion of the Agreement.
ARTICLE 7—OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(ii) CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12 if CONTRACTOR believes
that such performance will involve additional expense to
CONTRACTOR or requires additional time and the parties
are unable to agree as to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the
additional work with OWNER's employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs. Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be required to make its several parts come together
properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected.
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
EJCDC GENERAL CONDITIONS 1910-s (1990 Edition) 1
w/ CITY OF FORD COLLINS MODIFICATIONS (REV 4/2000)
provisions for the benefit of CONTRACTOR in said
direct contracts between OWNER and such utility owners
and other contractors.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed
by others under this Article 7, CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTOR's
Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with CONTRACTOR's Work
except for latent or nonapparent defects and deficiencies
in such other work.
Coordination:
7.4. If OWNER contracts with others for the
performance of other work on the Project at the site, the
following will be set forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
7.4.2. the specific matters to be covered by such
authority and responsibility will be itemized; and
7.4.3. the extent of such authority and
responsibilities will be provided.
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination.
ARTICLE 8—OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer against
whose status under the Contract Documents shall be that
of the former ENGINEER.
8.3. OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.1
and 4.4. Paragraph4.2 refers to OWNER's identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface conditions
at the site and drawings of physical conditions in existing
I. .Y .. ii
structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
and Maintaining liability and prepei4y insufanee are set
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances.
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the Contract Documents.
ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER'S representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
that has been made and the quality of the various aspects
of CONTRACTOR's executed Work. Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work. ENGINEER's
visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work. The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9.3 and 9.13 and :n the Sup
` R of these General Conditions. If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGINEER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided in the SupplementaFy Canditiali paragraph 9.3
of these General Conditions. If the ENGINEER furnishes
9.3.2. Duties and Responsibilities. Representative
will:
9.3.2.1. Schedules - Review the progress
(u
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability.
9.3.2.2. Conferences and Meeting - Attend
meeting with the CONTRACTOR such as
prreconstruction conferences, progress meetings
and other job conferences and prepare and
circulate copies of minutes of meetings.
9.3.2.3. Liaison
9.3.2.3.1. Serve as ENGINEER'S liaison
with CONTRACTOR working principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents.
9.3.2.3.2. Assist in obtaining from OWNER
additional details or information, when
required, for proper execution of the Work.
9.3.2.3.3. Advise the ENGINEER and
CONTRACTOR of the commencement of
any Work requiring a Shop Drawing or
sample submission if the submission has not
been approved by the ENGINEER.
9.3.2.4.Review of Work, Rejection of Defective
Work, Inspections and Tests -
9.3.2.4.1. Conduct on -site observations of
the Work in progress to assist the ENGINEER
in determining that the Work is proceeding in
accordance with the Contract Documents.
inspection or approval.
9.3.2.4.3. Accompany visiting rectors
representing public or other agencies having
jurisdiction over the Project, record the results
of these insnections and report to the
ENGINEER
9.3.2.5. Interpretation of Contract
Documents. Report to ENGINEER when
clarifications and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarification and intemretation
of the Contract Documents as issued by the
ENGINEER
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
FICDC GENERAL CONDITIONS 1910-8(1990 Edition) 20
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
modification in Drawings or Specifications and
report these recommendations to ENGINEER.
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER.
9.3.2.7. Records.
9.3.2.7.1. Maintain at the Representative's
office orderly files concerning
correspondence, reports of iob conferences.
Shoff Drawings and samples, reproductions
or original Contract Documents including_A
Work Directive Changes, Addenda, Change
orders, Field Orders, additional drawings
issued subsequent to the execution of the
Agreement, ENGINEER'S clarifications and
interpretations of the Contract Documents,
progress reports and other project
documents.
9.3.2.7.2.Keep a diary, daily
major suppliers of equipment and materials.
9.3.2.8. Reports.
9.3.2.8.1. Furnish ENGINEER periodic
reports, as required, of the progress of the
Work and of the CONTRACTOR'S
compliance with the progress schedule and
schedule of shop Drawing and sample
submittals
9.3.2.8.2. Consult with ENGINEER in
advance of scheduling maior tests,
inspections or start of important phases of the
Work.
9.3.2.8.3. Draft proposed Change Orders
and Work Directive Changes, obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders, Work Directive Changes and field
orders
9.3.2.8.4. Repot immediately to
ENGINEER and OWNER the occurrence of
any accident.
9.3.2.9. Payment Requests. Review applications
for payment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
ENGINEER noting particularly the relationship of
the payment requested to the schedule of values.
work completed and materials and equipment
delivered at the site but not incorporated in the
Work.
9.3.2,10. Completion.
9.3.2.10.1. Before ENGINEER issues a
Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items
requiring correction or completion.
9.3.2.10.2. Conduct final inspection in the
company of the ENGINEER. OWNER and
CONTRACTOR and prepare a final list of
items to be corrected or completed.
9.3.2.10.3. Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptance.
9.3.3. Limitation of Authority: The Representative shall
not:
9.3.3.1. Authorize any deviations from the
Contract Documents or accept any substitute
materials or equipment, unless authorized by the
ENGINEER.
9.3.3.2. Exceed limitations of ENGINEER'S
authority as set forth in the Contract Documents.
9.3.3.3. Undertake any of the responsibilities
of the CONTRACTOR, Subcontractors, or
CONTRACTOR'S superintendent.
9.3.3.4. Advise on, or issue directions relative
to, or assume control over any aspect of the
means, methods, techniques, sequences or
procedures for constriction unless such is
specifically called for in the Contract Documents
9.3.3.5. Advise on or issue directions
regarding or assume control over safety
precautions and programs in connections with the
Work.
9.3.3.6. Accept Shop Drawings or sample
submittals from anyone other than the
CONTRACTOR.
9.3.3.7. Authorize OWNER to occupy the
Work in whole or in part.
9.3.3.8. Participate in specialized field or
laboratory tests or inspections conducted by others
except as specifically authorized by the
ENGINEER.
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CIIY OF FORD COLLINS MODIFICATIONS (REV 4./2000)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
or the Contract Times and the parties are unable to agree
to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article I 1 or Article 12.
Authorized Variations in Work.
9.5. ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. These may be accomplished by a Field Order
and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved
promptly. If OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
the Contract Times and the parties are unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective,
or that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that
will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents. ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13.9, whether or not the
Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
6.28 inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Determinations for Unit Prices.
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with
CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
for Payment or otherwise). ENGINEER's written decision
thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
delivers to the other and to ENGINEER written notice of
intention to appeal from ENGINEER's decision and: (i) an
appeal from ENGINEER's decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement", entered
into between OWNER and CONTRACTOR pursuant to
Article 16, or (ii) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGINEER'S decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR. Such appeal will not be subject to the
procedures of paragraph 9.11.
Decisions on Disputes.
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 11 and 12 in respect of
changes in the Contract Price or Contract Times will be
referred initially to ENGINEER in writing with a request
for a formal decision in accordance with this paragraph.
Written notice of each such claim, dispute or other matter
will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the start of the occurrence or
event giving rise thereto, and written supporting data will
be submitted to ENGINEER and the other party within
sixty days after the start of such occurrence or event unless
ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support
of such claim, dispute or other matter. The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
ENGINEER will render a formal decision in writing within
thirty days after receipt of the opposing party's submittal, if
any, in accordance with this paragraph. ENGINEER's
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC -A, "Dispute
Resolution Agreement", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (ii) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from ENGINEER's
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty days after the date of such decision and a formal
proceeding is instituted by the appealing party in a forum of
competent jurisdiction to exercise such rights or remedies
as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
22 EICDCGENERAL CONDITIONS 1910-8(1990 Edition)
w/ CIIY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of
a decision by ENGINEER pursuant to paragraphs 9.10 or
9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph 14.15) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter pufstiant to AFtiele 'rob.
9.13. Limitations on ENGINEER's Authority and
Responsibilities:
9.13.1. Neither ENGINEER's authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
undertaking, exercise or performance of any authority
or responsibility by ENGINEER shall create, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier,
any other person or organization, or to any surety for
or employee or agent of any of them.
9.13.2. ENGINEER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
performance of the Work. ENGINEER will not be
responsible for CONTRACTOR's failure to perform
or furnish the Work in accordance with the Contract
Documents.
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9.13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.13.5. The limitations upon authority and
responsibility set forth in this paragraph 9.13 shall also
apply to ENGINEER's Consultants, Resident Project
Representative and assistants.
ARTICLE 10--CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work. Such additions, deletions or revisions will be
authorized by a Written Amendment, a Change Order, or a
Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 11 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3.5 and 3.6, except
in the case of an emergency as provided in paragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (ii) required
because of acceptance of defective Work under
paragraph 13.13 or correcting defective Work under
paragraph 13.14, or (iii) agreed to by the parties;
10.4.2. changes in the Contract Price or Contract
Times which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9.11;
provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
EJCDC GENERAL CONDITIONS 1910-8(1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be
given to a surety, the giving of any such notice will be
CONTRACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
ARTICLE 11—CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work. All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be at CONTRACTOR's expense
without change in the Contract Price.
11.2. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any claim
for an adjustment in the Contract Price shall be based on
written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim. Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement
that the adjustment claimed covers all known amounts to
which the claimant is entitled as a result of said
occurrence or event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
paragraph 11.2.
11.3. The value of any Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
23
paragraphs 11.9.1 through 11.9.3, inclusive);
11.3.2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed payment basis, including lump sum
(which may include an allowance for overhead and
profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and
agreement to a lump sum is not reached under
paragraph 11.3.2, on the basis of the Cost of the Work
(determined as provided in paragraphs 11.4 and 11.5)
plus a CONTRACTOR's fee for overhead and profit
(determined as provided in paragraph 11.6).
Cost of the Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall
be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following
items and shall not include any of the costs itemized in
paragraph 11.5:
11.4.1. Payroll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed
upon by OWNER and CONTRACTOR. Such
employees shall include without limitation
superintendents, foremen and other personnel
employed full-time at the site. Payroll costs for
employees not employed full-time on the Work shall
be apportioned on the basis of their time spent on the
Work. Payroll costs shall inelude, but n t be limited to,
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment, excise and payroll taxes, workers'
compensation, health and retifemen benefits beiiuses,
siek leave, vaea y pay applicable thereto.
The expenses of performing Work after regular
working hours, on Saturday, Sunday or legal holidays,
shall be included in the above to the extent authorized
by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors. If required by OWNER,
24 E.ICDC GENERAL. CONDITIONS 1910-8(1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to
OWNER who will then determine, with the advice of
ENGINEER, which bids, if any, will be accepted. If
any subcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee,
the Subcontractor's Cost of the Work and fee shall be
determined in the same manner as CONTRACTOR's
Cost of the Work and fee as provided in
paragraphs 11.4, 11.5, 11.6 and 11.7. All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but
not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants)
employed for services specifically related to the
Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary
transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in
discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and
maintenance, of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance of the Work, and cost less market
value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof --all
in accordance with terms of said rental
agreements. The rental of any such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.5.5. Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by OWNER in
accordance with paragraph 5.9), provided they
have resulted from causes other than the
negligence of CONTRACTOR, any
Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of OWNER. No such losses, damages
and expenses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTOR's fee. If, however, any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams,
long distance telephone calls, telephone service at
the site, expressage and similar petty cash items in
connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or
specifically covered by paragraph 11.4.4--all of which
are to be considered administrative costs covered by the
CONTRACTOR's fee.
11.5.2. Expenses of CONTRACTORS principal and
branch offices other than CONTRACTOR's office at
the site.
11.5.3. Any pall of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
E.ICDCGENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COI I INS MODIFICATIONS (REV 4/2000)
11.5.5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, including but
not limited to, the correction of defective Work,
disposal of materials or equipment wrongly supplied
and making good any damage to property.
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2, the
CONTRACTOR's fee shall be fifteen percent;
11.6.2.2. for costs incurred under
paragraph 11.4.3, the CONTRACTORS fee shall
be five percent;
11.6.2.3. where one or more tiers of
subcontracts are on the basis of Cost of the Work
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and
11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier,
will be paid a fee of fifteen percent of the costs
incurred by such Subcontractor under paragraphs
11.4.1 and 11.4.2 and that any higher tier
Subcontractor and CONTRACTOR will each be
paid a fee of five pereent of the amount Paid to
the next l ° b � to be negotiated
in good faith with the OWNER but not to exceed
five percent of the amount paid to the next lower
tier Subcontractor.
11.6.2.4. no fee shall be payable on the basis
of costs itemized under paragraphs 11.4.4, 11.4.5
and 11.5;
11.6.2.5. the amount of credit to be allowed
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTOR's fee by an amount
equal to five percent of such net decrease; and
11.6.2.6. when both additions and credits are
involved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with
paragraphs 11.6.2.1 through 11.6.2.5, inclusive.
11.7. Whenever the cost of any Work is to be
25
be submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be
issued only by Addenda. Questions received less than seven days prior to
the date for opening of the Bids may not be answered. Only questions
answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
5.2. All questions concerning the scope of this project should be directed
to the Engineer. Questions regarding submittal of bids should be directed
to the City of Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the
OWNER as having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in
the amount stated in the Invitation to Bid. The required security must be
in the form of a certified or bank cashier's check payable to OWNER or a
Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a
surety meeting the requirements of the General Conditions for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until such
Bidder has executed the Agreement and furnished the required contract
security, whereupon Bid Security will be returned. If the successful
Bidder fails to execute and deliver the Agreement and furnish the required
contract security within 15 days of the Notice of Award, OWNER may annul
the Notice of Award and the Bid Security of that Bidder will be forfeited.
The Bid Security of other Bidders whom OWNER believes to have reasonable
chance receiving the award may be retained by OWNER until the earlier of
the seventh day after the effective date of the Agreement or the thirty-
first day after the Bid Opening, whereupon Bid Security furnished by such
Bidders will be returned. Bid Security with Bids which are not competitive
will be returned within seven days after the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be
substantially complete and also completed and ready for Final Payment (the
Contract Times) are set forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment
12/03 Section 00100 Page 3
determined pursuant to paragraphs 11.4 and 11.5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
itemized cost breakdown together with supporting data.
Cash Allowances:
U.S. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to OWNER and ENGINEER. CONTRACTOR
agrees that:
11.8.1. the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted.
11.9. Unit Price Work:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
l l.9.3. OW ,MR or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article 11 if
11.9.3.1. the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement;
26 E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF PORT COLLINS MODIFICATIONS (REV 4/2000)
and
11.9.3.2. there is no corresponding adjustment
with respect to any other item of Work; and
11.9.3.3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of any such increase or decrease.
11.9.3.4. CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or change quantities at OWNER'S sole
discretion without affecting the Contract Price of
any remaining item so long as the deletion or
addition does not exceed twenty-five percent of
the original total Contract Price.
ARTICLE 12—CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the claim) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event. All claims for adjustment in
the Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in the Contract Times (or
Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from
completing any pall of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
paragraph 12.1. Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather
conditions or acts of God. Delays attributable to and
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER and CONTRACTOR, an extension of the
Contract Times (or Milestones) in an amount equal to the
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay. In no event shall
OWNER be liable to CONTRACTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (i) delays caused
by or within the control of the CONTRACTOR, or
(ii) delays beyond the control of both parties including, but
not limited to, fires, floods, epidemics, abnormal weather
conditions, acts of God or acts or neglect by utility owners
or other contractors performing other work as contemplated
by Article 7.
ARTICLE 13—TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1. Notice of Defects:
Prompt notice of all defective Work of which OWNER or
ENGINEER have actual knowledge will be given to
CONTRACTOR. All defective Work may be rejected,
corrected or accepted as provided in this Article 13.
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies
with jurisdictional interests will have access to the Work a4
reasonable time for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
13.4.1. for inspections, tests or approvals covered
by paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
below shall be paid as provided in said
paragraph 13.9; and
13.4.3. as otherwise specifically provided in the
Contract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically
to be inspected, tested or approved by an employee or
other representative of such public body, CONTRACTOR
shall assume full responsibility for arranging and
obtaining such inspections, tests or approvals, pay all costs
in connection therewith, and furnish ENGINEER the
required certificates of inspection, or approval.
CONTRACTOR shall also be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests or approvals required for OWNER's
and ENGINEER's acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs,
or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in
the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by
CONTRACTOR without written concurrence of
ENGINEER, it must, if requested by ENGINEER, be
uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's observation
and replaced at CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR, at
ENGINEER's request, shall uncover, expose or otherwise
make available for observation, inspection or testing as
ENGINEER may require, that portion of the Work in
question, furnishing all necessary labor, material and
equipment. If it is found that such Work is defective,
CONTRACTOR shall pay all claims, costs, losses and
damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing
and of satisfactory replacement or reconstruction,
(including but not limited to all costs of repair or
replacement of work of others); and OWNER shall be
entitled to an appropriate decrease in the Contract Price,
and, if the parties are unable to agree as to the amount
thereof, may make a claim therefor as provided in
Article 11. If, however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Milestones), or both, directly attributable to such
27
uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and, if the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to stop the Work shall not give rise to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party.
Correction or Removal of Defective Work:
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with Work that is not defective.
CONTRACTOR shall pay all claims, costs, losses and
damages caused by or resulting from such correction or
removal (including but not limited to all costs of repair or
replacement of work of others).
13.12. Correction Period:
13.12.1.If within one year two years after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) correct such defective Work, or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (ii)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom.
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR.
13.12.2.In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to run from an
earlier date if so provided in the Specifications or by
Written Amendment.
13.12.3. Where defective Work (and damage to other
28 EJCDC GENERAL CONDITIONS 1910-8(1990 Edition)
w! CIIY OF FORT COLLINS MODIFICATIONS (REV 4l2000)
Work resulting therefrom) has been corrected,
removed or replaced under this paragraph 13.12, the
correction period hereunder with respect to such Work
will be extended for an additional period of eee yea+
two years after such correction or removal and
replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment, also
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all claims, costs, losses and
damages attributable to OWNEWs evaluation of and
determination to accept such defective Work (such costs to
be approved by ENGINEER as to reasonableness). If any
such acceptance occurs prior to ENGINEER's
recommendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13.11, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's other
contractors and ENGINEER and ENGINEER's
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph. All
claims, costs, losses and damages incurred or sustained by
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR and a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11. Such claims, costs, losses and
damages will include but not be limited to all costs of
repair or replacement of work of others destroyed or
damaged by correction, removal or replacement of
CONTRACTOR's defective Work. CONTRACTOR shall
not be allowed an extension of the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
ARTICLE 14—PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values.
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment fi-ee and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be
satisfactory to OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow or
custodianship By executing the application for payment
form the CONTRACTOR expressly waives his right to the
benefits of Colorado Revised Statutes, Section 24-91-101
et seq.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
Review of Applicationsfir Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application. Ten days after presentation of the
Application for Payment to OWNER with ENGINEER's
recommendation, the amount recommended will (subject
to the provisions of the last sentence of paragraph 14.7)
become due and when due will be paid by OWNER to
CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on -site observations of the executed Work
as an experienced and qualified design professional and on
ENGINEER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge, information and belief
14.5.1. the Work has progressed to the point
indicated,
14.5.2. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classifications for Unit Price Work under
paragraph 9.10, and to any other qualifications stated
in the recommendation), and
14.5.3. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
ENGINEER's responsibility to observe the Work.
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (i) exhaustive or continuous on -site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or (ii) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment,
including final payment, shall not mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction, or
the safety precautions and programs incident thereto, or
for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the furnishing or
performance of Work. or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representations to
29
OWNER referred to in paragraph 14.5. ENGINEER may
also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER
from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTOR's performance or furnishing
of the Work,
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7. there are other items entitling OWNER to a set-
off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1
through 15.2.4 inclusive;
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld, or any adjustment thereto agreed
to by OWNER and CONTRACTOR, when
CONTRACTOR corrects to OWNER's satisfaction the
reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion.
Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the Work to determine the status of completion. If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor. If ENGINEER
30 E.ICDC GENERAL CONDITIONS 1910-9(1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
considers the Work substantially complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing,
stating the reasons therefor. If, after consideration of
OWNER's objections, ENGINEER considers the Work
substantially complete, ENGINEER will within said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the
time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any
substantially completed part of the Work, which: (i) has
specifically been identified in the Contract Documents, or
(ii) OWNER, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
propose without significant interference with
CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following:
14.10.1.OWNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR agrees that such part of
the Work is substantially complete, CONTRACTOR
will certify to OWNER and ENGINEER that such
part of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work.
Y I.1 ry..II ii
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that
part of the Work. Within a reasonable time after either
such request, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion. If
ENGINEER does not consider that part of the Work to
be substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of
the Work to be substantially complete, the provisions
of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of
the Work and the division of responsibility in respect
thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance
with the requirements of paragraph 5.15 in respect of
property insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
Final Application for Payment.
14.12. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5.4, certificates of
inspection, marked -up record documents (as provided in
paragraph 6.19) and other documents, CONTRACTOR
may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously
delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the
evidence of insurance required by subparagraph 5.4.13,
(ii) consent of the surety, if any, to final payment, and
(iii) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed
in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full
and affidavit of CONTRACTOR that: (i) the releases and
receipts include all labor, services, material and equipment
for which a Lien could be filed, and (ii) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNER's
property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or Supplier fails
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4./2000)
to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien. Releases or waivers of liens and the consent of
the surety to finalize payment are to be submitted on
forms conforming to the format of the OWNER'S standard
forms bound in the Project manual
Final Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been
fulfilled, ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGINEER's recommendation of payment and present
the Application to OWNER for payment. At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of paragraph 14.15. Otherwise,
ENGINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and
resubmit the Application. Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate form and substance and
with ENGINEER's recommendation and notice of
acceptability, the amount recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subject to paragraph 17.6.2 of these
General Conditions.
14.14. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not
fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been
furnished as required in paragraph 5.1, the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application for such payment. Such payment shall be
made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
claims.
Waiver of Claims:
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from
unsettled Liens, from defective Work appearing after
M
final inspection pursuant to paragraph 14.11, from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therein, or
from CONTRACTOR's continuing obligations under
the Contract Documents; and
14.15.2, A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled.
ARTICLE IS —SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed. CONTRACTOR shall
resume the Work on the date so fixed. CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles 11 and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph 2.9 as adjusted from time to time
pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents;
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition)
32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of
or resulting from completing the Work such excess will be
paid to CONTRACTOR. If such claims, costs, losses and
damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated in a Change Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shall not be required to
obtain the lowest price for the Work performed.
15.3. Where CONTRACTOWs services have been so
terminated by OWNER, the termination will not affect
any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remedy of OWNER, elect to terminate the Agreement. In
such case, CONTRACTOR shall be paid (without
duplication of any items):
15.4.1. for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work;
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for
overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others; and
15.4.4. for reasonable expenses directly attributable
to termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days
by OWNER or under an order of court or other public
authority, or ENGINEER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any
sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 15.4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days after it
is submitted, or OWNER has failed for thirty days to pay
CONTRACTOR any sum finally determined to be due,
CONTRACTOR may upon seven days' written notice to
OWNER and ENGINEER stop the Work until payment of
all such amounts due CONTRACTOR, including interest
thereon. The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph.
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in Exhibit GC -A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs9.10, 9.11 and
9.12, OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17—MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the firm, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the notice.
17.2. Computation of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from the computation.
EJCDC GENERAL CONDII IONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17.3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose.Cumulative Remedies:
17.4. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14,
14.3 and 15.2 and all of the rights and remedies available
to OWNER and ENGINEER thereunder, are in addition
to, and are not to be construed in any way as a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right and remedy to which
they apply.
Professional Fees and Court Costs Included.
IT5. Whenever reference is made to "claims, costs,
losses and damages", it shall include in each case, but not
be limited to, all fees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution costs.
17.6. The laws of the State of Colorado apply to this
Agreement. Reference to two pertinent Colorado statutes
are as follows:
17.6.2. If a claim is filed. OWNER is required by
law (CRS 38-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor, materials team hire
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
33
34 EI('D('GF.NERAL CONDITIONS 1910-8(1990 Edition)
w/ CITY OF FORT COLLINS MODIFICAIIONS (REV 4/2000)
(This page left blank intentionally.)
EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) 35
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)